austlii:cth/FWCA/2026/874
General information, not legal advice.
FWCA
2026-04-07
Original judgment source is linked above.
s.185 - Enterprise agreement
Bhagwan Marine Limited Trading AS Bhagwan Marine Ltd
BHAGWAN MARINE AND MARITIME UNION NORTH WEST INSHORE
Application for approval of the Bhagwan Marine and Maritime Union North West Inshore Agreement 2025
[1] Bhagwan Marine Limited (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the Bhagwan Marine and Maritime Union North West Inshore Agreement 2025 (the Agreement).
[2] The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.
[3] In compliance with section 190(4) of the Act, the bargaining representative's views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.
[4] The copy of the Agreement provided at lodgement included obvious errors, defects, or irregularities which were highlighted and sought to be remedied, pursuant to section 218A of the Act, as follows:
Clause 9.1 contained a typographical error in that it stated, "Full-Time Employees will be on an even time Roster of 182 days on and 182 days on", this has been remedied to reflect 182 days on and 182 days off.
There was a blank page in the Agreement, and it was unclear whether this was intended to be blank or if content had been omitted. The page has been removed.
Clause 35.9 incorrectly referred to clause 36.5, which does not exist, the corrected reference is clause 35.5.
[5] In accordance with my powers under section 218A of the Act, I exercise my power to amend the above obvious errors, defects, or irregularities. The Agreement accompanying this decision has been amended accordingly and comes into effect at the same time as the Agreement's operation, 14 April 2026.
[6] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
[7] The Maritime Union of Australia, a Division of the Construction, Forestry and Maritime Employees' Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided, I confirm that the Union is covered by the Agreement.
[8] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 14 April 2026. The nominal expiry date of the Agreement is 1 October 2029.

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