DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Workplace Advisory Group
(AG2016/6958)

COASTAL TUG & BARGE & AIMPE ENTERPRISE AGREEMENT 2016

Northern Territory
COMMISSIONER GREGORY	MELBOURNE, 16 DECEMBER 2016

Application for approval of the Coastal Tug & Barge & AIMPE Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Coastal Tug & Barge & AIMPE Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Costal Tug & Barge Pty Ltd T/As CTB. 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] 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.

[4] The Australian Institute of Marine and Power Engineers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2016. The nominal expiry date of the Agreement is 27 January 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Workplace Advisory Group was the subject of an application by the Coastal Tug & Barge to approve the AIMPE Enterprise Agreement 2016. The matter was heard in the Fair Work Commission. The application centred on the dispute between the Coastal Tug & Barge and the Australian Independent Maritime and Ports Employees Association (AIMPE) regarding the terms and conditions of employment outlined in the proposed agreement. The crux of the dispute was whether the agreement complied with the Fair Work Act 2009, specifically sections relating to the fairness and effectiveness of the proposed terms.

The Commission needed to decide whether the agreement met the requirements for approval under the Act, particularly whether the agreement was fair and reasonable in terms of the process through which it was negotiated and the content of the agreement itself. This involved examining if the agreement provided for fair and reasonable terms and conditions of employment, and whether it was negotiated in good faith. The Commission also considered the procedural fairness of the negotiation process, including the engagement and representation of employees.

The Fair Work Commission found that the agreement was fair and reasonable in its terms and had been negotiated in good faith. The Commission determined that the negotiation process was procedurally fair and that the agreement provided for fair and reasonable terms and conditions of employment. Therefore, the Commission approved the AIMPE Enterprise Agreement 2016. The Commission's decision was based on the comprehensive analysis of the negotiation process and the substantive terms of the agreement, finding that they met the statutory requirements for approval.

Workplace Advisory Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established