DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Polaris Marine Pty Ltd
(AG2017/4635)

POLARIS MARINE PTY LTD PROJECT ENTERPRISE AGREEMENT 2018

Port authorities
DEPUTY PRESIDENT BEAUMONT	MELBOURNE, 23 FEBRUARY 2018

Application for approval of the Polaris Marine Pty Ltd Project Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Polaris Marine Pty Ltd Project Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Polaris Marine Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 23 February 2018 and, in accordance with s.54, will operate from 2 March 2018. The nominal expiry date of the Agreement is 2 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Polaris Marine Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The agreement was between the company and its employees, represented by the Maritime Union of Australia. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. The Commission had to determine if the agreement was genuinely negotiated, provided for the efficient determination of terms and conditions of employment, and included appropriate dispute resolution mechanisms. The company argued that the agreement was the result of genuine negotiations, while the union claimed that certain provisions did not meet the statutory requirements.

The Commission examined the evidence presented by both parties regarding the negotiation process. It considered whether the agreement was negotiated in good faith and if it contained all the necessary provisions as outlined by the Act. The union raised concerns about the process of negotiation and the fairness of certain terms. The Commission also assessed whether the agreement contained adequate dispute resolution mechanisms and if it was efficient in setting out the terms and conditions of employment. The company provided evidence to support the claims of genuine negotiation and the efficiency of the agreement.

After reviewing the evidence and submissions, the Commission found that the negotiation process was genuine and the agreement was negotiated in good faith. The Commission determined that the agreement met the statutory requirements for approval. It included appropriate dispute resolution mechanisms and was efficient in determining the terms and conditions of employment. Therefore, the application for approval of the Polaris Marine Pty Ltd Project Enterprise Agreement 2018 was successful.

The Commission approved the agreement and issued the necessary orders to formalise the approval. The agreement would now be binding on the parties and would govern the terms and conditions of employment for the employees represented by the union.

Polaris Marine 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