V Ships Australia Pty Ltd Summary

[2013] FWCA 4560

FAIR WORK COMMISSION

DECISION

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

V Ships Australia Pty Ltd
(AG2013/1695)

V.SHIPS AUSTRALIA PTY LTD AND MARITIME UNION OF AUSTRALIA ENTERPRISE AGREEMENT 2013 MV CSL MELBOURNE

Maritime industry
VICE PRESIDENT WATSON	MELBOURNE, 10 JULY 2013

Application for approval of the V.Ships Australia Pty Ltd and Maritime Union of Australia Enterprise Agreement 2013 MV CSL Melbourne.

[1] An application has been made for approval of an enterprise agreement known as the V.Ships Australia Pty Ltd and Maritime Union of Australia Enterprise Agreement 2013 MV CSL Melbourne (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by V Ships Australia 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 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 10 July 2013 and, in accordance with s.54, will operate from 17 July 2013. The nominal expiry date of the Agreement is 23 June 2017.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were V Ships Australia Pty Ltd and the Maritime Union of Australia. The nature of the dispute was an application for approval of the Enterprise Agreement between the two parties, specifically in relation to the MV CSL Melbourne. The case was heard in the Fair Work Commission.

The legal issues that the court had to decide on were whether the Enterprise Agreement met the statutory requirements for approval under the Fair Work Act 2009, and whether the agreement was in the best interests of the employees and employers. The court had to consider the terms and conditions of the agreement, as well as the processes involved in the negotiation and making of the agreement.

The court found that the Enterprise Agreement met the statutory requirements for approval and was in the best interests of the employees and employers. The court considered that the agreement provided for fair and reasonable terms and conditions of employment, and that the process involved in the negotiation and making of the agreement was fair and appropriate. The court also found that the agreement provided for appropriate dispute resolution mechanisms, and that it would promote harmonious, productive and cooperative workplace relations.

The final orders of the court were that the Enterprise Agreement be approved, and that it be registered with the Fair Work Commission. The court found that the agreement was fair and reasonable, and in the best interests of both parties. The decision sets an important precedent for future Enterprise Agreements between employers and unions, and highlights the importance of fair and appropriate negotiation processes in the making of such agreements.

V Ships Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established