In a 2-1 majority decision, Fair Work Australia (FWA) quashed a
decision that permitted the Maritime Union of Australia (MUA)
official, Mr Tracey, to act as a bargaining representative for
Technip's employees who the MUA were not eligible to
cover.
Mr Tracey initially applied to FWA and sought a good faith
bargaining order that required Technip to allow him to act as a
bargaining representative for a group of its employees.
Technip opposed Mr Tracey's application for a good faith
bargaining order on the basis that Mr Tracey was not acting as a
bargaining representative in a personal capacity but rather as an
official of the MUA. Technip argued that the law would not allow Mr
Tracey as an official of the MUA to be a bargaining representative
because the MUA is not entitled to represent the industrial
interests of [the particular group] of employees in relation to
work ... particularly, given that the Australian Maritime Officers
Union (AMOU) covered these particular
