Australian Marine Solutions Pty Ltd T/A Argonaut Marine Group (AMG)

[2013] FWCA 189

FAIR WORK COMMISSION

DECISION

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

Australian Marine Solutions Pty Ltd T/A Argonaut Marine Group (AMG)
(AG2013/30)

AMG AIMPE CONTRACT PROPELLED DREDGING ENTERPRISE AGREEMENT 2012

Dredging industry
COMMISSIONER CLOGHAN	PERTH, 9 JANUARY 2013

Application for approval of the AMG AIMPE Contract Propelled Dredging Enterprise Agreement 2012.

[1] On 4 January 2013, Australian Marine Solutions Pty Ltd T/A Argonaut Marine Group (AMG) made application for approval of a greenfields agreement to be known as the AMG AIMPE Contract Propelled Dredging Enterprise Agreement 2012 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section and s.187 are met.

[3] Pursuant to s.190 of the FW Act, the Applicant has given an undertaking that in Clause 42: Consultation and Change, employees are able to appoint a representative of their choice for the purposes of consultation.

[4] I am satisfied, from the material provided to the Commission, that ss.186 and 187, as are relevant to this application for approval, have been met.

[5] The Employer has declared that the Australian Institute of Marine and Power Engineers (AIMPE) is entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to the work to be performed under the Agreement. The AIMPE has made a similar declaration. On that basis, I am satisfied that the provisions of s.187(5)(a) of the FW Act have been met.

[6] I am also satisfied, pursuant to s.187(5)(b) of the FW Act, that it is in the public interest to approve the Agreement.

[7] The Agreement is approved and in accordance with s.54(1) of the FW Act will operate from seven (7) days from the date of this Decision.

[8] The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

Australian Marine Solutions Pty Ltd T/A Argonaut Marine Group (AMG) applied to the Fair Work Commission for approval of the 2012 Propelled Dredging Enterprise Agreement. The application was opposed by the Maritime Union of Australia (MUA). The central issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement had been fairly negotiated and if it contained all the mandated terms and conditions.

The court considered whether the agreement had been made in good faith and whether it was the product of genuine bargaining between the parties. It also assessed whether the agreement contained all the minimum terms and conditions prescribed by the Fair Work Act. The court examined the process through which the agreement was negotiated and whether it involved proper consultation and negotiation between the employer and the union. The court further considered if the agreement included all necessary provisions such as pay rates, working conditions, and dispute resolution mechanisms.

After reviewing the evidence and arguments presented, the Fair Work Commission found that the agreement had been fairly negotiated and contained all the required terms and conditions. The court approved the agreement, emphasising the importance of ensuring that such agreements are the result of genuine negotiations and comply with the statutory requirements. The decision was made in light of the overall fairness and compliance of the agreement with the legislative framework.

The Fair Work Commission ordered the approval of the 2012 Propelled Dredging Enterprise Agreement, confirming its validity and enforceability. The court's decision underscored the necessity for agreements to be the product of proper negotiation processes and to include all mandatory terms as stipulated by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established