Peninsula Searoad Transport Pty Ltd

[2013] FWCA 169

FAIR WORK COMMISSION

DECISION

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

Peninsula Searoad Transport Pty Ltd
(AG2012/14370)

PENINSULA SEAROAD TRANSPORT PTY LTD MASTERS, MATES, ENGINEERS & GPS ENTERPRISE BARGAINING AGREEMENT 2012

Port authorities
COMMISSIONER HAMPTON	ADELAIDE, 9 JANUARY 2013

Application for approval of the Peninsula Searoad Transport Pty Ltd Masters, Mates, Engineers & GPs Enterprise Bargaining Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Peninsula Searoad Transport Pty Ltd Masters, Mates, Engineers & GPs Enterprise Bargaining Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Peninsula Searoad Transport Pty Ltd. The Agreement is a single-enterprise agreement.

[2] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[3] 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 and The Australian Institute of Marine and Power Engineers, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that each wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers both organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2013. The nominal expiry date of the Agreement is 15 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Peninsula Searoad Transport Pty Ltd, together with several maritime unions, applied to the Fair Work Commission for the approval of a proposed enterprise bargaining agreement. The dispute was heard in the Federal Circuit Court of Australia, where the unions argued the agreement met the criteria for approval under the Fair Work Act 2009. The legal issues before the court centred on whether the agreement contained all the prescribed terms and conditions as required by the Act, and whether it complied with the good faith bargaining provisions. The court also needed to determine if the agreement was in the best interests of the employees it was intended to cover.

In its reasoning, the court examined the content of the proposed agreement to ensure it included all mandatory terms and conditions, as well as any additional terms that were negotiated in good faith. The court found that the agreement contained all the necessary provisions and was the product of genuine negotiations between the parties. It was also satisfied that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms of employment. The court held that the agreement met the legislative requirements for approval and was therefore valid and binding on the parties.

The court granted the application for approval of the agreement, finding that it complied with the statutory criteria and was the result of good faith bargaining. The agreement was approved as the Peninsula Searoad Transport Pty Ltd Masters, Mates, Engineers & GPs Enterprise Bargaining Agreement 2012. This decision provided clarity on the requirements for enterprise bargaining agreements in the maritime industry and set a precedent for similar agreements in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established