DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Park Salvage Pty Ltd
(AG2019/231)

ROYAL PARK SALVAGE PTY LTD. ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 14 JUNE 2019

Application for approval of the Royal Park Salvage Pty Ltd. Enterprise Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the Royal Park Salvage Pty Ltd. Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Royal Park Salvage Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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 21 June 2019. The nominal expiry date of the Agreement is 13 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Royal Park Salvage Pty Ltd sought approval for its Enterprise Agreement 2019, which was challenged by the Maritime Union of Australia. The dispute came before the Fair Work Commission, tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements set forth in the Act. Specifically, the Commission needed to ascertain whether the agreement was made in good faith, whether there was adequate consultation, and whether the agreement covered all necessary terms and conditions of employment. Furthermore, the Commission had to assess if the agreement was fair and whether it met the 'better off overall test.'

The Fair Work Commission carefully examined the evidence presented by both parties, considering the process of developing the agreement and the substance of the terms. The Commission concluded that the agreement was made in good faith, with adequate consultation having taken place, and that it covered all necessary terms and conditions of employment. The Commission found that the agreement was fair and met the 'better off overall test,' ensuring that employees would be no worse off and, in many cases, better off than under the applicable awards. Thus, the Commission approved the Enterprise Agreement 2019.

In its decision, the Fair Work Commission approved the Enterprise Agreement 2019, finding it to be fair and meeting the statutory requirements under the Fair Work Act 2009. The agreement was therefore registered, allowing it to take effect from the date of approval.

Royal Park Salvage 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