Queensland Marine Holdings Pty Ltd Summary

[2013] FWCA 6536

FAIR WORK COMMISSION

DECISION

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

Queensland Marine Holdings Pty Ltd
(AG2013/2336)

BRISBANE PILOT SERVICE LAUNCH VESSELS ENTERPRISE AGREEMENT 2013

Maritime industry
COMMISSIONER SIMPSON	BRISBANE, 5 SEPTEMBER 2013

Application for approval of the Brisbane Pilot Service Launch Vessels Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Brisbane Pilot Service Launch Vessels 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 Queensland Marine Holdings Pty. Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 12 September 2013. The nominal expiry date of the Agreement is 4 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were Queensland Marine Holdings Pty Ltd and the Maritime Union of Australia. The dispute was about whether the Enterprise Agreement should be approved. The matter was heard in the Fair Work Commission, a workplace relations tribunal in Australia.

The legal issues before the tribunal were whether the Enterprise Agreement was genuinely an enterprise agreement and whether it complied with the Fair Work Act 2009. The tribunal had to determine whether the agreement was made in good faith and if it contained the appropriate minimum terms and conditions for employees in the maritime industry.

The tribunal found that the Enterprise Agreement was genuinely an enterprise agreement. It was made in good faith and contained the required minimum terms and conditions. The tribunal also found that the agreement complied with the Fair Work Act 2009 and was therefore approved. The tribunal was satisfied that the agreement had been negotiated in good faith and was in the best interests of the employees.

The tribunal's decision was that the Enterprise Agreement should be approved. The tribunal found that the agreement met all the necessary legal requirements and was in the best interests of the employees. The tribunal also noted that the agreement provided for fair and reasonable terms and conditions of employment for the employees in the maritime industry. The tribunal approved the Enterprise Agreement, allowing it to come into effect as a legally binding agreement between the parties.

Queensland Marine Holdings Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established