DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Port Phillip Sea Pilots Plant Co Pty Ltd
(AG2018/1533)

PORT PHILLIP SEA PILOTS QUEENSCLIFF LAUNCH CREW ENTERPRISE AGREEMENT 2018

Maritime industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 SEPTEMBER 2018

Application for approval of the Port Phillip Sea Pilots Queenscliff Launch Crew Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Port Phillip Sea Pilots Queenscliff Launch Crew 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 Port Phillip Sea Pilots Plant Co Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer 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] The Agreement was approved on 6 September 2018 and, in accordance with s.54, will operate from 13 September 2018. The nominal expiry date of the Agreement is 5 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Port Phillip Sea Pilots Plant Co Pty Ltd, applied for approval of the Port Phillip Sea Pilots Queenscliff Launch Crew Enterprise Agreement 2018. The application was brought before the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements under the Fair Work Act 2009. The respondent, the Maritime Union of Australia, did not oppose the application but raised concerns about specific provisions of the agreement.

The primary legal issue before the Commission was whether the provisions of the enterprise agreement complied with the requirements of the Fair Work Act. The Maritime Union of Australia did not oppose the application but argued that certain provisions, particularly those related to overtime and penalty rates, did not comply with the Act's requirements. The Commission had to determine whether these provisions met the "better off overall test" and whether the agreement was procedurally sound.

The Commission found that the agreement was procedurally valid and that the parties had followed the necessary steps in its creation. Regarding the substantive provisions, the Commission determined that the provisions concerning overtime and penalty rates did indeed meet the "better off overall test". The Commission considered the overall benefits and detriments to the employees and concluded that the agreement was fair and reasonable. Consequently, the Commission approved the application and the enterprise agreement was duly registered.

Port Phillip Sea Pilots Plant Co 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