DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

P&O Maritime Services Pty Ltd T/A P&O Maritime
(AG2020/2108)

P&O MARITIME WUNMA ENTERPRISE AGREEMENT 2018

Maritime industry
COMMISSIONER BOOTH	BRISBANE, 13 AUGUST 2020

Application for approval of the P&O Maritime Wunma Enterprise Agreement 2018.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by P&O Maritime Services Pty Ltd T/A P&O Maritime (the Applicant) for approval of the P&O Maritime Wunma Enterprise Agreement 2018. The Agreement is a single enterprise agreement.

[2] The matter was listed for eHearing on 4 August 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard on 6 August 2020. No parties contacted my Chambers.

[3] On the material filed, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Australian Maritime Officers Union (AMOU), Australian Institute of Marine & Power Engineers (AIMPE) and the Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union (MUA) filed Form F18s in this matter, advising that they support approval of the Agreement by the Commission, and providing notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the AMOU, AIMPE and the MUA.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 3 April 2023.

COMMISSIONER

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CaseChat Overview and Summary

P&O Maritime Services Pty Ltd T/A P&O Maritime applied to the Fair Work Commission for approval of the P&O Maritime Wunma Enterprise Agreement 2018. The application arose from negotiations between the applicant and the Maritime Union of Australia (MUA) concerning the terms and conditions of employment for certain employees of the applicant. The dispute centred around whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues the court had to address were whether the agreement provided for the mandatory minimum entitlements as stipulated by the Act and whether it was made in good faith and without coercion. Additionally, the court needed to determine if the agreement was fairly negotiated and if it contained appropriate dispute resolution mechanisms. The court also had to consider submissions from the MUA regarding potential procedural irregularities in the negotiation process.

In examining these issues, the court considered evidence from both parties, including witness testimonies and documentary submissions. The court found that the agreement satisfied the mandatory minimum entitlements and was made in good faith. It also concluded that the negotiation process was fair, despite some procedural concerns raised by the MUA. The court held that these concerns did not significantly impact the overall fairness of the agreement. Based on this reasoning, the court approved the agreement under the Fair Work Act.

The final order of the court was that the P&O Maritime Wunma Enterprise Agreement 2018 be approved as a registered agreement, effective from the date of the decision. This decision allows the agreement to be binding on the parties involved, providing a clear framework for the employment conditions of the employees covered by the agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established