ENTERPRISE AGREEMENTS – employee organisation coverage – s.185 Fair Work Act 2009 – application for approval of MMAOL Pty Ltd Enterprise Agreement 2016 (MMAOL Agreement) pursuant to s.185 of FW Act on 4 May 2016 – Maritime Union of Australia requested to participate in proceedings, contending it had evidence to support that the group of employees to be covered by the MMAOL Agreement was not fairly chosen – Commission requested materials and oral evidence from MUA to support contention – hearing to admit materials and evidence from MUA held on 18 July 2016 – further decision on whether MUA should be heard in relation to Commission’s approval of MMAOL Agreement – MUA had standing to be heard in relation to approval of proposed MMAOL Agreement pursuant to s.590 which Commission adopted in view of the written submissions – applicant is subsidiary of MMA Offshore Limited – MUA currently engaged in bargaining on replacement enterprise agreement with another subsidiary, MMA Vessel Operations P/L (MMAVO) – concerned that proposed MMAOL Agreement will deny MMAVO employees opportunity to bargain, reduce MMAVO workforce in favour of employment through MMAOL and request/require employees to accept employment with MMAOL – contended the way in which applicant made agreement was for purpose of excluding MUA from negotiations and denying those to be covered by MMAOL Agreement of collective bargaining representation by union and protected action – questioned whether there were legitimate business reasons for making the MMAOL Agreement – Commission felt real issue is MUA did not want MMAOL to choose any employees for purpose of making any enterprise agreement in view of its current bargaining with MMAVO where it holds bargaining representative role – detected MUA were concerned with consequences for MMAVO employees should MMAOL Agreement be approved – Commission not inclined to presume what may or may not happen with respect to employees of another entity should MMAOL Agreement be approved – therefore, MUA’s further participation in proceedings not necessary – role of Commission is to approve proposed enterprise agreement if it meets legislative requirements, not to restrict ability of applicant to make enterprise agreement – no guaranteed right for MUA to be bargaining representative in all bargaining involving its members – Commission satisfied it can proceed to determination application for approval of MMAOL Agreement without further participation of MUA. MMA Offshore Logistics P/L t/a MMA Offshore Logistics
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