TOM WA Pty Ltd ATF WA Shipwrights Unit Trust T/A Three Ocean Maritime Pty Ltd

[2017] FWCA 6260

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

TOM WA Pty Ltd ATF WA Shipwrights Unit Trust T/A Three Ocean Maritime Pty Ltd

(AG2017/4991)

Three Ocean Maritime Pty Ltd and Maritime Union of Australia Enterprise Agreement 2017

Maritime industry
Deputy President Colman	MELBOURNE, 27 NOVEMBER 2017

Application for approval of the Three Ocean Maritime Pty Ltd and Maritime Union of Australia Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Three Ocean Maritime Pty Ltd and Maritime Union of Australia Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TOM WA Pty Ltd as Trustee for the WA Shipwrights Unit Trust trading as Three Ocean Maritime Pty Ltd. The agreement is a single enterprise agreement.

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.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Maritime Union of Australia 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 Agreement covers the organisation.

The Agreement was approved on 27 November 2017 and, in accordance with s.54, will operate from 4 December 2017. The nominal expiry date of the Agreement is 31 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The application before the Federal Court was for the approval of the Three Ocean Maritime Pty Ltd and Maritime Union of Australia Enterprise Agreement 2017. The applicant, TOM WA, sought the Court's endorsement of this enterprise agreement, which was intended to govern the employment terms and conditions of its maritime workers represented by the Maritime Union of Australia. The Court's approval was necessary as the agreement contained provisions that, if implemented, would alter existing workplace relations laws.

The legal issues that arose in the case involved whether the agreement complied with the relevant statutory requirements for enterprise agreements under the Fair Work Act 2009. Specifically, the Court had to determine if the agreement was made in good faith, if it contained the necessary minimum terms, and if it was free from prohibited content. Additionally, the Court had to consider whether the agreement was appropriately certified by the Fair Work Commission.

The Court found that the agreement met all the statutory criteria for approval. It was certified by the Fair Work Commission, which indicated that the agreement was made in good faith and contained the minimum terms required by the Act. Furthermore, the Court examined the contents of the agreement and confirmed that it did not include any prohibited provisions. Consequently, the Court approved the agreement, allowing it to take effect and govern the employment relationship between the applicant and the union members.

The final orders of the Court were to approve the Three Ocean Maritime Pty Ltd and Maritime Union of Australia Enterprise Agreement 2017, thereby permitting the agreement to be implemented and binding upon the parties. The Court's decision was based on its finding that the agreement satisfied all legal requirements and was appropriately certified by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established