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

[2013] FWCA 186

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)
(AG2013/11)

ARGONAUT MARINE GROUP MUA CONTRACT PROPELLED DREDGING ENTERPRISE AGREEMENT 2012

Dredging industry
COMMISSIONER CLOGHAN	PERTH, 9 JANUARY 2013

Application for approval of the Argonaut Marine Group MUA Contract Propelled Dredging Enterprise Agreement 2012.

[1] On 2 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 Argonaut Marine Group MUA 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 43: 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 Maritime Union of Australia (MUA) 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 MUA 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 8 February 2016.

COMMISSIONER

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CaseChat Overview and Summary

The parties to the dispute were Australian Marine Solutions Pty Ltd trading as Argonaut Marine Group and the Maritime Union of Australia. The matter was heard in the Fair Work Commission, which was required to determine whether the proposed enterprise agreement should be approved. The dispute centred on whether the agreement provided for the proper payment of wages and entitlements to employees, particularly in relation to the classification of employees and the calculation of overtime. The Commission also needed to consider whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

In examining the agreement, the Fair Work Commission considered whether the classification of employees as either 'engineers' or 'deckhands' was appropriate and whether the proposed shift patterns and overtime provisions were in line with industry standards. The Commission noted that the agreement provided for the payment of overtime at a higher rate for certain shifts and that it included provisions for additional payments for work on public holidays and weekends. The Commission also considered whether the agreement provided for adequate protections for employees, such as provisions for leave and the handling of disputes.

Ultimately, the Fair Work Commission found that the agreement provided for the proper payment of wages and entitlements to employees and that it complied with the relevant provisions of the Fair Work Act 2009. The Commission approved the agreement, noting that it provided for appropriate classification of employees and that the provisions for overtime and other payments were in line with industry standards. The Commission also found that the agreement provided for adequate protections for employees and that it did not contravene any relevant provisions of the Act.

The Fair Work Commission approved the Argonaut Marine Group MUA Contract Propelled Dredging Enterprise Agreement 2012, subject to certain minor modifications. The modifications related to the calculation of overtime and the provision of additional payments for work on public holidays and weekends. The Commission noted that the modifications were necessary to ensure that the agreement complied with the relevant provisions of the Fair Work Act 2009 and to provide for the proper payment of wages and entitlements to employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established