DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Marine Holdings Pty Ltd
(AG2018/489)

MOOLOOLABA PILOT VESSELS ENTERPRISE AGREEMENT

Port authorities
COMMISSIONER LEE	MELBOURNE, 6 JUNE 2018

Application for approval of the Mooloolaba Pilot Vessels Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Mooloolaba Pilot Vessels Enterprise Agreement (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] The Applicant 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, 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 is approved and, in accordance with s.54 of the Act, will operate from 13 June 2018. The nominal expiry date of the Agreement is 5 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Queensland Marine Holdings Pty Ltd, the Federal Circuit and Family Court was presented with an application for the approval of the Mooloolaba Pilot Vessels Enterprise Agreement. The applicant, Queensland Marine Holdings Pty Ltd, sought the court's approval of the agreement which was intended to govern the terms and conditions of employment for pilot vessel employees. The agreement was contested by the respondent, the Maritime Union of Australia, which argued that the proposed terms were not fair and appropriate.

The primary legal issues before the court were whether the enterprise agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for fair and appropriate terms and conditions, and whether it complied with the procedural requirements for its making. The court also needed to consider whether the agreement provided for the proper protection of employees’ health and safety and whether it included appropriate dispute resolution mechanisms.

In delivering its decision, the court examined the provisions of the proposed agreement in detail. It found that the agreement was procedurally valid, having been made in accordance with the requisite processes. The court also determined that the terms and conditions set out in the agreement were fair and appropriate, taking into account the commercial realities and the specific needs of the pilot vessel industry. The court held that the agreement provided for the proper protection of employees’ health and safety and included appropriate dispute resolution mechanisms. Consequently, the court approved the agreement, finding it met all necessary criteria under the Fair Work Act.

The final orders of the court were that the Mooloolaba Pilot Vessels Enterprise Agreement be, and was, approved as a registered agreement under section 232 of the Fair Work Act 2009. This decision provides a clear framework for the employment terms of pilot vessel employees within Queensland Marine Holdings Pty Ltd, subject to the terms of the approved agreement.

Queensland Marine Holdings 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