DECISION

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

Birdon Pty. Ltd.
(AG2019/198)

BIRDON DREDGING (NON-PROPELLED DREDGES) ENTERPRISE AGREEMENT 2018

Dredging industry
COMMISSIONER RIORDAN	SYDNEY, 29 JULY 2019

Application for approval of the Birdon Dredging (Non-Propelled Dredges) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Birdon Dredging (Non-Propelled Dredges) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Birdon Pty. Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 22 July 2019, which included further material in support of the application together with Undertakings made by and duly signed by the General Manager – Birdon Pty. Ltd, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2019. The nominal expiry date of the Agreement is 1 October 2021.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Birdon Pty. Ltd. brought an application to the Fair Work Commission seeking approval of the Birdon Dredging (Non-Propelled Dredges) Enterprise Agreement 2018. The respondent, Australian Maritime Officers’ Union, contested the application, raising concerns over the agreement’s terms and conditions, particularly those concerning shift patterns and employment security. The matter was brought before the Fair Work Commission to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions and whether it was made in good faith. The respondent argued that the agreement did not adequately protect employees' shift patterns, overtime entitlements, and job security. Birdon Pty. Ltd. contended that the agreement was fair and reasonable and had been negotiated in good faith, meeting all statutory requirements.

The Fair Work Commission found that while the agreement had been negotiated in good faith, it did not adequately address the concerns regarding shift patterns and overtime entitlements. The Commission held that the agreement fell short of providing fair and reasonable terms and conditions as required by the Fair Work Act 2009. Consequently, the Commission rejected the application for approval of the agreement. Birdon Pty. Ltd. was directed to address the identified shortcomings and resubmit the agreement for consideration.

Birdon Pty. Ltd.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established