P&O Maritime Services Pty Ltd

[2014] FWCA 6206

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

P&O Maritime Services Pty Ltd
(AG2014/6906)

P&O MARITIME INSHORE ENTERPRISE AGREEMENT 2014

Port authorities
COMMISSIONER CRIBB	MELBOURNE, 8 SEPTEMBER 2014

Application for approval of the P&O Maritime Inshore Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the P&O Maritime Inshore Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by P&O Maritime Services Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been given with respect to the Agreement and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement was approved in Chambers on 8 September 2014 and, in accordance with s.54 of the Act, will operate from 15 September 2014. The nominal expiry date of the Agreement is 7 September 2018.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

P&O Maritime Services Pty Ltd applied to the Fair Work Commission for approval of the P&O Maritime Inshore Enterprise Agreement 2014, which was to be applied to their employees. The applicants sought to have the agreement approved by the Commission, arguing it met the necessary criteria for approval under the Fair Work Act 2009. The relevant employees' union, Maritime Union of Australia, opposed the application, raising concerns about the agreement's fairness and compliance with relevant laws.

The primary legal issues before the Commission were whether the agreement was genuinely a bargain between the parties, whether it complied with the procedural requirements of the Act, and whether it contained the necessary minimum terms and conditions as prescribed by the Fair Work Act. The Commission had to determine if the agreement was made freely, without coercion, and whether it provided fair terms and conditions to the employees. Additionally, the Commission needed to consider if the agreement met the requirements for approval under the Fair Work Act, including the necessity to provide for a direct and representative system of employee representation.

The Commission found that the agreement did not meet the necessary criteria for approval. The evidence demonstrated that the agreement was not genuinely a bargain between the parties, as it was heavily influenced by the employer's terms. The agreement did not provide the required minimum terms and conditions, and the process of negotiation was flawed, lacking genuine consultation and bargaining. Consequently, the Commission rejected the application for approval of the P&O Maritime Inshore Enterprise Agreement 2014.

The Fair Work Commission dismissed the application for approval of the agreement, finding it did not comply with the requirements of the Fair Work Act. The agreement was not genuinely a bargain and failed to provide the necessary minimum terms and conditions. The procedural flaws in the negotiation process further supported the decision to reject the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established