PB Towage (Australia) Pty Ltd Summary

[2014] FWCA 821

FAIR WORK COMMISSION

DECISION

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

PB Towage (Australia) Pty Ltd
(AG2013/11899)

PB TOWAGE (AUSTRALIA) PTY LTD BUNBURY ENTERPRISE AGREEMENT 2013

Maritime industry
VICE PRESIDENT WATSON	SYDNEY, 7 FEBRUARY 2014

Application for approval of the PB Towage (Australia) Pty Ltd Bunbury Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the PB Towage (Australia) Pty Ltd Bunbury Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PB Towage (Australia) Pty Ltd.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 10 December 2013.

[3] 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] A written undertaking dated 24 January 2014 has been received from the employer concerning the dispute settlement procedure at clauses 8 of the Agreement. Pursuant to s.191 of the Act, the undertaking is taken to be a term of the Agreement. A copy of the undertaking is annexed to this decision and to the Agreement.

[5] The Maritime Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1)(a), will operate from 14 February 2014. The nominal expiry date of the Agreement is 30 June 2016.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the court involved PB Towage (Australia) Pty Ltd, seeking approval of the PB Towage (Australia) Pty Ltd Bunbury Enterprise Agreement 2013. The application was brought by the employer, PB Towage (Australia) Pty Ltd, to the Fair Work Commission, which was reviewing the fairness and appropriateness of the proposed agreement under the Fair Work Act 2009. The dispute centred around whether the agreement met the statutory requirements for being deemed "appropriate" by the Commission.

The legal issues that arose required the court to determine whether the agreement contained all the mandated terms and conditions, whether it adhered to the provisions of the Fair Work Act, and if it was appropriate for the employees involved. The court had to assess if the agreement provided for fair and reasonable terms and conditions of employment, and whether it met the standards of procedural fairness as required by the legislation.

In its decision, the Fair Work Commission examined the provisions of the agreement and considered the submissions from both parties. The Commission found that the agreement contained all the required terms and conditions and was compliant with the statutory framework. It was determined that the agreement was fair and reasonable, taking into account the specific circumstances of the employees and the employer. Consequently, the Commission approved the application for the agreement to be registered, deeming it appropriate under the Act.

The final orders of the Commission were that the PB Towage (Australia) Pty Ltd Bunbury Enterprise Agreement 2013 be approved and registered. This decision was made on the basis that the agreement met the legislative requirements and was deemed appropriate for the employees involved. The registration of the agreement would now provide a framework for the employment conditions of the employees under the terms specified in the agreement.

PB Towage (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established