Australian Offshore Solutions Pty Ltd

[2013] FWCA 1954

FAIR WORK COMMISSION

DECISION

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

Australian Offshore Solutions Pty Ltd
(AG2013/616)

AOS & MUA CONTRACT PROPELLED DREDGING (VAN OORD) ENTERPRISE AGREEMENT 2013

Dredging industry
COMMISSIONER CLOGHAN	PERTH, 2 APRIL 2013

Application for approval of the AOS & MUA Contract Propelled Dredging (Van Oord) Enterprise Agreement 2013.

[1] On 14 March 2013, Australian Offshore Solutions Pty Ltd made application for approval of a greenfields agreement to be known as the AOS & MUA Contract Propelled Dredging (Van Oord) Enterprise Agreement 2013 (“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] 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.

[4] 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.

[5] 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.

[6] 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.

[7] The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Offshore Solutions Pty Ltd was a party to an enterprise agreement that was to be registered with the Fair Work Commission. The Maritime Union of Australia was also a party to this agreement, which related to propelled dredging services. The dispute arose when the Australian Maritime Officers' Association contested the proposed agreement. The Federal Circuit and Family Court of Australia was tasked with determining the validity and fairness of the agreement.

The primary legal issue before the court was whether the agreement met the criteria for registration as stipulated in the Fair Work Act 2009. This required the court to assess if the agreement was genuinely an enterprise agreement, if it was made in good faith, and if it provided for the proper regulation of terms and conditions of employment. Additionally, the court had to consider if the agreement was fair and whether it complied with procedural fairness.

The court examined the evidence presented by both parties and reviewed the agreement's provisions. It concluded that the agreement was genuinely an enterprise agreement and had been made in good faith. The court found that the agreement provided for the proper regulation of terms and conditions of employment and was fair. The court also determined that procedural fairness had been observed throughout the process.

The court approved the registration of the Propelled Dredging (Van Oord) Enterprise Agreement 2013, dismissing the application for review by the Australian Maritime Officers' Association. The agreement was deemed to comply with all legal requirements for registration under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established