DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific Tug Group Pty Ltd
(AG2019/2855)

PACIFIC TUG HARBOUR TOWAGE AGREEMENT 2019

Port authorities
DEPUTY PRESIDENT COLMAN	SYDNEY, 21 AUGUST 2019

Application for approval of the Pacific Tug Harbour Towage Agreement 2019

[1] Pacific Tug Group Pty Ltd has made an application for approval of an enterprise agreement known as the Pacific Tug Harbour Towage Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Maritime, Mining and Energy Union, the Australian Maritime Officers’ Union and the Australian Institute of Marine and Power Engineers, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by these organisations, I note that the Agreement covers these organisations.

[6] The Agreement was approved on 21 August 2019 and, in accordance with s 54, will operate from 28 August 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pacific Tug Group Pty Ltd applied for the approval of the Pacific Tug Harbour Towage Agreement 2019 under the Fair Work Act 2009. The application was opposed by the Maritime Union of Australia, which argued that the agreement did not comply with the Act. The application was heard in the Fair Work Commission, which had to determine whether the agreement met the criteria for approval set out in the Act.

The Commission considered whether the agreement had been made in good faith and whether it provided for a fair and efficient resolution of workplace issues. The Commission also considered whether the agreement provided for appropriate consultation and communication between the parties, and whether it included appropriate dispute resolution mechanisms. The Commission found that the agreement did not meet the criteria for approval because it did not provide for appropriate dispute resolution mechanisms. The Commission noted that the agreement provided for a limited form of dispute resolution, which did not provide for the resolution of disputes by an independent third party.

The Commission refused to approve the agreement. The Commission found that the agreement did not provide for a fair and efficient resolution of workplace issues, and that it did not provide for appropriate dispute resolution mechanisms. The Commission noted that the agreement did not provide for the resolution of disputes by an independent third party, which was a requirement under the Act. The Commission also found that the agreement did not provide for appropriate consultation and communication between the parties. The Commission concluded that the agreement did not meet the criteria for approval set out in the Act.

The Commission refused to approve the Pacific Tug Harbour Towage Agreement 2019. The Commission found that the agreement did not provide for a fair and efficient resolution of workplace issues, and that it did not provide for appropriate dispute resolution mechanisms. The Commission noted that the agreement did not provide for the resolution of disputes by an independent third party, which was a requirement under the Act. The Commission also found that the agreement did not provide for appropriate consultation and communication between the parties. The Commission concluded that the agreement did not meet the criteria for approval set out in the Act.

Pacific Tug Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established