DECISION

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

Swire Pacific Ship Management (Australia) Pty Ltd
(AG2016/314)

SWIRE PACIFIC SHIP MANAGEMENT (AUSTRALIA) PTY LTD DECK OFFICERS MARITIME OFFSHORE OIL AND GAS INDUSTRY ENTERPRISE AGREEMENT 2016

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 15 APRIL 2016

Application for approval of the Swire Pacific Ship Management (Australia) Pty Ltd Deck Officers Maritime Offshore Oil and Gas Industry Enterprise Agreement 2016.

[1] On 16 February 2015, Swire pacific Ship Management (Australia) Pty Ltd made application for approval of a single enterprise agreement to be known as the Swire Pacific Ship Management (Australia) Pty Ltd Deck Officers Maritime Offshore Oil and Gas Industry Enterprise Agreement 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 3 February 2016.

[3] The Fair Work Commission (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.

[4] 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.

[5] I note that proposed subclause 10.5(a) of the Agreement does not meet the requirements of s.203(6)(a) of the FW Act. Consequently, pursuant to s.202(4) of the FW Act, the model flexibility term is taken to be a term of the Agreement and is attached to the Agreement.

[6] The Australian Maritime Officers Union (AMOU) has declared that the AMOU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AMOU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 22 April 2016.

[8] The nominal expiry date of this Agreement is 14 April 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Swire Pacific Ship Management (Australia) Pty Ltd applied for approval of the Deck Officers Maritime Offshore Oil and Gas Industry Enterprise Agreement 2016. The applicant is a ship management company involved in the maritime industry, and the dispute centred on the proposed enterprise agreement which sought to regulate the employment terms and conditions of deck officers employed by the company. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been made in accordance with the procedural requirements of the Act, whether it contained the minimum terms and conditions as prescribed by the Act, and whether it was in the best interests of the employees covered by the agreement. The applicant argued that the agreement was fairly negotiated and met all statutory requirements. The Commission examined the negotiation process, the contents of the agreement, and the interests of the employees to make its determination.

After considering the evidence and submissions, the Commission found that the agreement was fairly negotiated and contained all the necessary minimum terms and conditions. The Commission concluded that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment, including provisions for pay rates, leave entitlements, and dispute resolution mechanisms. The Commission approved the enterprise agreement, subject to certain conditions and reservations.

The final orders of the Commission included the approval of the enterprise agreement, with specific conditions and reservations to ensure compliance with the Fair Work Act. The approved agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement, governing their employment terms and conditions.

Swire Pacific Ship Management (Australia) 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