Port Phillip Sea Pilots Plant Co Pty Ltd

[2014] FWCA 386

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Port Phillip Sea Pilots Plant Co Pty Ltd
(AG2013/12890)

PORT PHILLIP SEA PILOTS QUEENSCLIFF LAUNCH CREW ENTERPRISE AGREEMENT 2013

Maritime industry
COMMISSIONER CRIBB	MELBOURNE, 15 JANUARY 2014

Application for approval of the Port Phillip Sea Pilots Queenscliff Launch Crew Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Port Phillip Sea Pilots Queenscliff Launch Crew Enterprise Agreement 2013 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Maritime Union of Australia (MUA) 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 was approved in Chambers on 15 January 2014 and, in accordance with s.54 of the Act, will operate from 22 January 2014. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Port Phillip Sea Pilots Plant Co Pty Ltd sought approval for the Port Phillip Sea Pilots Queenscliff Launch Crew Enterprise Agreement 2013. The application was heard in the Fair Work Commission, which is tasked with approving enterprise agreements to ensure they meet specific legal criteria. The agreement in question was between the company and the crew, and the dispute centred around whether the agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The legal issues before the Commission involved whether the agreement was a genuine enterprise agreement, whether it was made in good faith, and whether it included all the mandatory terms required by the Fair Work Act. The Commission also had to consider if the agreement was procedurally sound, including whether proper consultation had occurred between the parties and if the agreement had been fairly presented to the employees.

In determining the application, the Commission considered the evidence and submissions presented by both parties. The Commission concluded that the agreement was genuine and had been made in good faith. It also found that the agreement included all the mandatory terms required by the Fair Work Act and was procedurally sound. Consequently, the Commission approved the agreement, finding it met all the necessary criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Port Phillip Sea Pilots Queenscliff Launch Crew Enterprise Agreement 2013, finding it met all the criteria for approval under the Fair Work Act. The Commission’s decision was based on the evidence presented and the conclusion that the agreement was genuine, made in good faith, and included all mandatory terms. The Commission’s approval effectively allows the agreement to be in force and binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established