Structural Marine Engineering Pty Ltd

[2014] FWCA 856

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Structural Marine Engineering Pty Ltd
(AG2013/12250)

STRUCTURAL MARINE ENGINEERING AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 5 FEBRUARY 2014

Application for approval of the Structural Marine Engineering Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Structural Marine Engineering 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 Structural Marine Engineering 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 12 February 2014. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Structural Marine Engineering Pty Ltd applied to the Fair Work Commission for approval of the Structural Marine Engineering Agreement 2013. The applicant sought to have the agreement registered as a certified agreement under the Fair Work Act 2009. The applicant argued that the agreement covered all employees of the company and provided for fair and reasonable terms and conditions of employment. The Fair Work Commission was required to determine whether the application met the statutory criteria for approval under the Act.

The Commission considered whether the application satisfied the requirements of section 232 of the Act. This involved assessing whether the agreement had been made in the course of the applicants' business and whether it provided for the fair and reasonable terms and conditions of employment. The Commission also had to be satisfied that the agreement had been made without any improper conduct or coercion. The Commission examined the evidence and submissions from both parties to determine whether the agreement met these criteria.

After considering the evidence, the Commission found that the application satisfied the requirements for approval under the Act. The Commission was satisfied that the agreement had been made in the course of the applicant's business and provided for fair and reasonable terms and conditions of employment. The Commission also found that there was no evidence of any improper conduct or coercion in the making of the agreement. The Commission approved the agreement and registered it as a certified agreement under the Act.

The Commission made an order approving the application and registering the agreement as a certified agreement under the Fair Work Act 2009. The order was made on the basis that the agreement met the statutory criteria for approval and provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The order was binding on all parties to the agreement and provided for the enforcement of its terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established