Port Lincoln Tugs Pty Limited

[2013] FWCA 4836

FAIR WORK COMMISSION

DECISION

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

Port Lincoln Tugs Pty Limited
(AG2013/1933)

PORT LINCOLN TUGS PTY LIMITED & MUA ENTERPRISE AGREEMENT 2013

Port authorities
COMMISSIONER HAMPTON	ADELAIDE, 18 JULY 2013

Application for approval of the Port Lincoln Tugs Pty Limited & MUA Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Port Lincoln Tugs Pty Limited & MUA Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Port Lincoln Tugs Pty Limited. The Agreement is a single-enterprise agreement.

[2] 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.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2013. The nominal expiry date of the Agreement is 27 January 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Port Lincoln Tugs Pty Limited applied to the Fair Work Commission for approval of an enterprise agreement with the Maritime Union of Australia. The dispute arose from the negotiation process and terms of the proposed agreement, which sought to regulate the employment conditions of the tugboat crew members. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the agreement had been made in accordance with the procedural requirements set out in the Act and whether the agreement contained terms that were contrary to public policy or were otherwise unlawful. Specifically, the Commission needed to assess if there was genuine bargaining between the parties, if the agreement was made without any coercion, and if the terms of the agreement complied with the provisions of the Act.

The Commission found that the agreement had been made in good faith and without any undue influence or coercion. It noted that the negotiations were conducted in a structured and orderly manner, with both parties engaging in meaningful discussions. The terms of the agreement were deemed to be fair and reasonable, and there were no provisions that contravened public policy or the provisions of the Act. Consequently, the Commission approved the enterprise agreement, confirming its compliance with the necessary legal standards.

The Fair Work Commission approved the Port Lincoln Tugs Pty Limited & MUA Enterprise Agreement 2013, recognising it as a valid and binding agreement between the employer and the union. The Commission's decision was based on the evidence presented, which demonstrated that the agreement had been made in accordance with the statutory requirements and that it contained terms that were fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established