DECISION

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

Port Lincoln Tugs Pty Ltd
(AG2015/6119)

PORT LINCOLN TUGS PTY LIMITED & AMOU ENTERPRISE AGREEMENT 2015

Maritime industry
COMMISSIONER HAMPTON	ADELAIDE, 30 NOVEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Port Lincoln Tugs Pty Limited & AMOU 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] 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 Australian Maritime Officers’ Union, 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 7 December 2015. The nominal expiry date of the Agreement is 28 January 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Port Lincoln Tugs Pty Ltd applied to the Fair Work Commission for the approval of the Port Lincoln Tugs Pty Ltd & AMOU Enterprise Agreement 2015. The AMOU, being the Australian Maritime Officers’ Union, is the relevant union for the workers in question. The application for approval was made under section 231 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the workers covered by the agreement, including wages, hours of work, leave provisions, and other employment-related matters.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements of the Fair Work Act 2009, including the 'better off overall test' which mandates that the agreement must provide employees with at least the same conditions as those provided under the applicable award or modern award. Additionally, the Commission had to consider whether the agreement contained any unfair provisions that might be prejudicial to the employees.

The Fair Work Commission found that the enterprise agreement satisfied the 'better off overall test', as the employees would receive improved conditions in terms of wages and other benefits compared to the relevant award. The Commission also determined that there were no unfair provisions in the agreement that would be prejudicial to the employees. Therefore, the Commission approved the enterprise agreement, certifying it under section 186 of the Fair Work Act 2009.

The final orders of the Commission included the approval and certification of the Port Lincoln Tugs Pty Ltd & AMOU Enterprise Agreement 2015, effective from 1 April 2015. The agreement was to be binding on Port Lincoln Tugs Pty Ltd and all employees covered by the agreement, as well as on the AMOU as the relevant union for those employees.

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