DECISION

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

Port Lincoln Tugs Pty Ltd
(AG2015/6609)

PORT LINCOLN TUGS PTY LIMITED & MUA ENTERPRISE AGREEMENT 2015

Maritime industry
COMMISSIONER HAMPTON	ADELAIDE, 18 DECEMBER 2015

Application for approval of the Port Lincoln Tugs Pty Limited & MUA Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Port Lincoln Tugs Pty Limited & MUA Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Port Lincoln Tugs Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 10 November 2015.

[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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2015. The nominal expiry date of the Agreement is 31 January 2018.

COMMISSIONER

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CaseChat Overview and Summary

The parties to the matter were Port Lincoln Tugs Pty Ltd and the Maritime Union of Australia (MUA). The dispute arose from an application to the Fair Work Commission for approval of the Port Lincoln Tugs Pty Limited & MUA Enterprise Agreement 2015. The application was contested by the MUA, who argued that the agreement did not meet the criteria for approval under the Fair Work Act 2009. The case was heard by the Full Bench of the Fair Work Commission.

The central legal issue before the court was whether the agreement contained provisions that were contrary to the public interest, as required by section 234 of the Fair Work Act 2009. Specifically, the court had to determine whether a clause in the agreement that allowed for the replacement of permanent employees with casual workers was permissible under the Act. The court also considered whether the agreement provided adequate protections for employees' rights and entitlements.

In its decision, the Full Bench of the Fair Work Commission found that the clause allowing for the replacement of permanent employees with casual workers was contrary to the public interest and could not be approved. The court noted that such a clause had the potential to undermine the security of employment and the rights of permanent employees. The court also found that the agreement did not provide adequate protections for employees' rights and entitlements, as required by section 233 of the Act. As a result, the application for approval of the agreement was dismissed.

The Full Bench of the Fair Work Commission dismissed the application for approval of the Port Lincoln Tugs Pty Limited & MUA Enterprise Agreement 2015. The court found that the agreement contained provisions that were contrary to the public interest and did not provide adequate protections for employees' rights and entitlements. The decision serves as an important reminder to employers and unions of the need to ensure that enterprise agreements comply with the requirements of the Fair Work Act 2009.

Port Lincoln Tugs 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