DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the Jetwave Marine Services Unit Trust T/A Jetwave Marine Services Pty Ltd
(AG2019/4254)

JETWAVE MARINE AND MARITIME UNON NORTH WEST INSHORE AGREEMENT 2019

Vessel and Marine Services
DEPUTY PRESIDENT BEAUMONT	PERTH, 13 DECEMBER 2019

Application for approval of the Jetwave Marine Services and Maritime Union North West Inshore Agreement.

[1] The Trustee for the Jetwave Marine Services Unit Trust trading as Jetwave Marine Services Pty Ltd has made an application for the approval of an enterprise agreement known as the Jetwave Marine and Maritime Unon North West Inshore Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Construction, Forestry, Maritime, Mining and Energy Union (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 13 December 2019 and, in accordance with s 54, will operate from 20 December 2019. The nominal expiry date of the Agreement is 30 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Jetwave Marine Services and Maritime Union North West Inshore Agreement. The parties to the dispute were the trustee for the Jetwave Marine Services Unit Trust trading as Jetwave Marine Services Pty Ltd, the applicant, and the Maritime Union of Australia, the respondent. The primary issue before the Commission was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a "registered agreement" as defined by the Act, considering the bargaining process, content, and compliance with procedural requirements.

The Commission examined the procedural fairness of the bargaining process and whether it aligned with the requirements set forth in the Act. This included assessing whether the agreement was genuinely negotiated between the parties, and whether it contained the necessary provisions as outlined in the Fair Work Act. Furthermore, the Commission considered the substantive aspects of the agreement, ensuring that it complied with the provisions concerning minimum entitlements, and did not contravene any existing awards or registered agreements. The Commission also had to determine if the agreement was in the best interests of the employees it covered.

In reaching its decision, the Fair Work Commission found that the agreement had been genuinely negotiated and contained all the necessary provisions as required by the Act. The Commission was satisfied that the bargaining process was procedurally fair and that the agreement met the substantive requirements. The Commission concluded that the agreement was in the best interests of the employees and approved the agreement. The approval was based on the finding that the agreement provided fair and reasonable terms and conditions of employment, and that it complied with all relevant legal requirements.

The final orders of the Commission included the approval of the Jetwave Marine Services and Maritime Union North West Inshore Agreement, effective from the date of the decision. The Commission also directed that the agreement be registered with the Fair Work Commission and published as required by the Act. This decision provided clarity and legal certainty for both the applicant and the respondent, ensuring that the agreement would be enforceable and compliant with the Fair Work Act.

The Trustee for the Jetwave Marine Services Unit Trust T/A Jetwave Marine Services 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