Australian Offshore Solutions Pty Ltd

[2013] FWCA 5003

FAIR WORK COMMISSION

DECISION

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

Australian Offshore Solutions Pty Ltd
(AG2013/2029)

AOS AIMPE CONTRACT PROPELLED DREDGING ENTERPRISE AGREEMENT 2013

Dredging industry
COMMISSIONER CLOGHAN	PERTH, 25 JULY 2013

Application for approval of the AOS AIMPE Contract Propelled Dredging Enterprise Agreement 2013.

[1] On 18 July 2013, Australian Offshore Solutions Pty Ltd made application for approval of a single enterprise agreement to be known as the AOS AIMPE Contract Propelled Dredging Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 4 July 2013.

[3] 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, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Institute of Marine and Power Engineers (AIMPE) has declared that the AIMPE was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AIMPE supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Institute’s knowledge. Finally, the AIMPE has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 1 August 2013.

[7] The nominal expiry date of this Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

Australian Offshore Solutions Pty Ltd was involved in a dispute concerning the approval of a new enterprise agreement with the Propelled Dredging Enterprise Agreement 2013. The matter was heard in the Fair Work Commission. The central issue in this case was whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009, particularly focusing on the procedural fairness and the need for genuine bargaining.

The court examined whether the agreement was made in good faith and whether it had been properly negotiated. The commission reviewed the evidence presented to determine if there was genuine bargaining between the parties and if the agreement was made without coercion or undue influence. The court also considered whether the agreement met the criteria for approval, such as providing for the fair and efficient determination of employees' terms and conditions of employment.

The Fair Work Commission found that the agreement was indeed made in good faith and through genuine bargaining. The commission concluded that the parties had complied with the necessary procedural requirements, and the agreement provided for fair and efficient determination of employees' terms and conditions of employment. Therefore, the commission approved the Propelled Dredging Enterprise Agreement 2013.

The final orders of the commission were that the Propelled Dredging Enterprise Agreement 2013 be approved, and the agreement would have effect from the date of the commission's decision. This decision provided certainty to both Australian Offshore Solutions Pty Ltd and the employees involved in the agreement, ensuring that the terms and conditions of employment were fairly and efficiently determined.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established