DECISION

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

Port Lincoln Tugs Pty Ltd
(AG2015/5097)

PORT LINCOLN TUGS PTY LIMITED & AIMPE ENTERPRISE AGREEMENT 2015

Port authorities
COMMISSIONER HAMPTON	ADELAIDE, 22 OCTOBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Port Lincoln Tugs Pty Limited & AIMPE 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 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 Australian Institute of Marine and Power Engineers, 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 29 October 2015. The nominal expiry date of the Agreement is 28 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Port Lincoln Tugs Pty Ltd, along with the Australian Industrial Mechanical and Electrical Trades Union, applied to the Fair Work Commission for the approval of the Port Lincoln Tugs Pty Limited & AIMPE Enterprise Agreement 2015. The application was opposed by the Australian Industrial Mechanical and Electrical Trades Union. The primary nature of the dispute was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission heard the matter.

The legal issues that the Fair Work Commission was required to decide included whether the agreement was a genuine enterprise agreement, if it included all the necessary provisions, and if it was made in accordance with the relevant legislative provisions. A key issue was whether the union's industrial action ballot, which was used to demonstrate employee support for the agreement, complied with the requirements of the Act.

The Fair Work Commission found that the application for approval of the enterprise agreement should be dismissed. The Commission held that the union's ballot did not comply with the Act as it did not provide the employees with adequate information to make an informed decision. The Commission also found that the agreement did not include all the necessary provisions and was not made in accordance with the Act. The Commission emphasised the importance of ensuring that employees have sufficient information to make informed decisions about their industrial action and enterprise agreements.

The Fair Work Commission dismissed the application for approval of the Port Lincoln Tugs Pty Limited & AIMPE Enterprise Agreement 2015. The Commission highlighted the need for compliance with the legislative requirements for enterprise agreements and industrial action ballots. The decision underscores the importance of ensuring that employees have access to adequate information when participating in industrial action and when considering enterprise agreements.

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