Australian Offshore Solutions Pty Ltd

Case

[2023] FWCA 1279

8 MAY 2023


[2023] FWCA 1279

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Offshore Solutions Pty Ltd

(AG2023/1169)

AUSTRALIAN OFFSHORE SOLUTIONS (AOS) PTY LTD AND THE MARITIME UNION OF AUSTRALIA PROPELLED DREDGING GREENFIELDS AGREEMENT 2023

Dredging industry

DEPUTY PRESIDENT BEAUMONT

PERTH, 8 MAY 2023

Application for approval of the Australian Offshore Solutions (AOS) Pty Ltd and The Maritime Union of Australia Propelled Dredging Greenfields Agreement 2023

  1. An application has been made for approval of a greenfields agreement known as the Australian Offshore Solutions (AOS) Pty Ltd and The Maritime Union of Australia Propelled Dredging Greenfields Agreement 2023 (the Agreement). The application was made by Australian Offshore Solutions Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

  1. This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union (the organisation) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it.  I am also satisfied that it is in the public interest to approve the Agreement.

  1. The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

  1. Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the organisation and that the Agreement covers it.

  1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 15 May 2023. The nominal expiry date of the Agreement is 30 April 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE519923  PR761634>

Annexure A

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