DECISION

Fair Work Act 2009
s.185—Enterprise agreement

P&O Maritime Services Pty Ltd T/A P&O Maritime
(AG2015/4763)

P&O MARITIME SERVICES PTY LTD/ AMOU “BLUEWATER” ENTERPRISE AGREEMENT 2015

Maritime industry
COMMISSIONER CRIBB	MELBOURNE, 31 AUGUST 2015

Application for approval of the P&O Maritime Services Pty Ltd/ AMOU “Bluewater” Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the P&O Maritime Services Pty Ltd/ AMOU “Bluewater” Enterprise Agreement 2015 (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 T/A P&O Maritime. The agreement is a single-enterprise agreement.

[2] 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.

[3] The Australian Maritime Officers’ Union (AMOU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 31 August 2015 and, in accordance with s.54 of the Act, will operate from 6 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, P&O Maritime Services Pty Ltd trading as P&O Maritime, sought approval of an enterprise agreement. The dispute arose between the applicant and the Australian Maritime Officers’ Union, the respondent. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to assess if the agreement provided for fair and reasonable terms, if it was free from coercion and undue influence, and if it complied with the procedural fairness requirements.

The Commission evaluated the procedural fairness of the agreement, considering whether the process leading to the agreement was transparent and whether the union adequately represented its members. The court scrutinised the terms of the agreement to ensure they were fair and reasonable. This included assessing if the terms provided for the employees' rights and obligations, remuneration, and working conditions. The Commission also examined whether the agreement was free from any elements of coercion or undue influence, ensuring that the employees had genuinely and voluntarily agreed to the terms.

After a thorough examination, the Commission found that the agreement satisfied all the statutory requirements for approval. The Commission was satisfied with the procedural fairness of the process and the union's representation of its members. The terms of the agreement were deemed fair and reasonable, providing adequately for the employees' rights and obligations. The Commission confirmed that there was no evidence of coercion or undue influence. Consequently, the Commission approved the enterprise agreement.

The Commission ordered the approval of the P&O Maritime Services Pty Ltd/ AMOU “Bluewater” Enterprise Agreement 2015, effective from the date of the decision.

P&O Maritime Services Pty Ltd T/A P&O Maritime

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established