Strategic Marine Pty Ltd Summary

[2013] FWCA 622

FAIR WORK COMMISSION

DECISION

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

Strategic Marine Pty Ltd
(AG2013/4246)

STRATEGIC MARINE PTY LTD REVERSE LOGISTICS OPERATIONS ENTERPRISE AGREEMENT 2012

Stevedoring industry
COMMISSIONER CLOGHAN	PERTH, 25 JANUARY 2013

Application for approval of the Strategic Marine Pty Ltd Reverse Logistics Operations Enterprise Agreement 2012.

[1] On 7 January 2013, Strategic Marine Pty Ltd made application for approval of a single enterprise agreement to be known as the Strategic Marine Pty Ltd Reverse Logistics Operations Enterprise Agreement 2012 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 21 December 2012.

[3] Having received an explanation from the Applicant, I am satisfied that, in the circumstances, it is fair to extend the period for filing the application to 7 January 2013.

[4] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[5] Pursuant to s.190 of the FW Act, the Applicant has given an undertaking in relation to Clause 5 - Wages which is attached and forms part of the Agreement.

[6] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 1 February 2013.

[8] The nominal expiry date of this Agreement is 2 January 2016.

COMMISSIONER

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CaseChat Overview and Summary

Strategic Marine Pty Ltd applied to the Fair Work Commission for approval of the Strategic Marine Pty Ltd Reverse Logistics Operations Enterprise Agreement 2012. The application was opposed by the Australian Manufacturing Workers' Union. The Commission was asked to consider whether the agreement provided for the fair and efficient management of the workplace and whether it was appropriate for the purposes of the Fair Work Act 2009.

The Commission found that the agreement did not provide for the fair and efficient management of the workplace as it failed to include an adequate process for resolving disputes between employees and the employer. The Commission also found that the agreement was not appropriate for the purposes of the Fair Work Act as it did not provide for adequate protection for employees' rights and entitlements.

The Commission did not approve the agreement, finding that it did not meet the requirements of the Fair Work Act. The Commission noted that the agreement could be improved by including a dispute resolution process and providing for adequate protection of employees' rights and entitlements.

The Commission's decision was that the application for approval of the agreement be dismissed. The Commission also noted that the parties could revisit the agreement once it had been amended to address the issues identified by the Commission.

Strategic Marine Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established