Australian Offshore Solutions Pty Ltd Summary

[2013] FWCA 1674

FAIR WORK COMMISSION

DECISION

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

Australian Offshore Solutions Pty Ltd
(AG2013/5627)

AOS MUA CONTRACT PROPELLED DREDGING (DI) ENTERPRISE AGREEMENT 2013

Dredging industry
COMMISSIONER CLOGHAN	PERTH, 21 MARCH 2013

Application for approval of the AOS MUA Contract Propelled Dredging (DI) 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 (DI) 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 8 February 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Australian Offshore Solutions Pty Ltd, applied to the Fair Work Commission for approval of the AOS MUA Contract Propelled Dredging (DI) Enterprise Agreement 2013. The dispute centred around the procedural fairness of the commission's assessment of the agreement. The Fair Work Commission was the court tasked with hearing the application and determining whether the agreement met the legal standards required for approval.

The primary legal issue the commission had to decide was whether the applicant had fulfilled its obligation to provide procedural fairness to the parties involved in the agreement. This included ensuring that the agreement was negotiated in good faith and that all parties had an adequate opportunity to participate in the negotiation process. The commission also had to consider whether the agreement met the criteria set out in the Fair Work Act 2009 for enterprise agreements.

The commission found that the applicant had not provided procedural fairness to the parties involved in the agreement. It was determined that the applicant had not ensured that all parties had an adequate opportunity to participate in the negotiation process, and that the agreement had not been negotiated in good faith. The commission also found that the agreement did not meet the criteria set out in the Fair Work Act 2009 for enterprise agreements. As a result, the commission refused to approve the agreement.

The Fair Work Commission refused to approve the AOS MUA Contract Propelled Dredging (DI) Enterprise Agreement 2013. The commission found that the applicant had not provided procedural fairness to the parties involved in the agreement and that the agreement did not meet the criteria set out in the Fair Work Act 2009 for enterprise agreements. The commission's decision was based on a thorough examination of the evidence presented and a careful consideration of the relevant legal principles.

Australian Offshore Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established