Boskalis Australia Pty Ltd

[2018] FWCA 6360

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Boskalis Australia Pty Ltd

(AG2018/2919)

Boskalis(Australia) Pty Ltd and The Maritime Union of Australia Division Propelled Dredging Enterprise Agreement 2018

Dredging industry
Commissioner Harper-Greenwell	MELBOURNE, 15 OCTOBER 2018

Application for approval of the Boskalis(Australia) Pty Ltd and The Maritime Union of Australia Division Propelled Dredging Enterprise Agreement 2018.

An application has been made for approval of a greenfields agreement known as the Boskalis(Australia) Pty Ltd and The Maritime Union of Australia Division Propelled Dredging Enterprise Agreement 2018 (the Agreement). The application was made by Boskalis Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 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 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement was approved on 15 October 2018 and, in accordance with s.54, will operate from 22 October 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boskalis Australia Pty Ltd, the applicant, sought approval of the Boskalis(Australia) Pty Ltd and The Maritime Union of Australia Division Propelled Dredging Enterprise Agreement 2018 (the Agreement) from the Fair Work Commission. The Maritime Union of Australia Division Propelled Dredging was the respondent. The applicant sought an approval determination in relation to the Agreement, which would declare that the Agreement was a single, integrated, and harmonious whole. The respondent opposed the approval on the basis that certain clauses were not consistent with the Fair Work Act 2009.

The legal issue before the Commission was whether the Agreement was a single, integrated, and harmonious whole as required by the Fair Work Act 2009. The respondent argued that certain clauses in the Agreement were inconsistent with the Act and with each other, and therefore, the Agreement was not a single, integrated, and harmonious whole. The applicant argued that the Agreement was a single, integrated, and harmonious whole and that the respondent's arguments were without merit.

The Fair Work Commission found that the Agreement was a single, integrated, and harmonious whole. The Commission rejected the respondent's argument that certain clauses were inconsistent with the Act and with each other. The Commission found that the Agreement was consistent with the Act and that the respondent's arguments were not well-founded. The Commission approved the Agreement as a single, integrated, and harmonious whole.

The Fair Work Commission approved the Boskalis(Australia) Pty Ltd and The Maritime Union of Australia Division Propelled Dredging Enterprise Agreement 2018 as a single, integrated, and harmonious whole. The Commission found that the Agreement was consistent with the Fair Work Act 2009 and that the respondent's arguments were without merit. The Commission declared that the Agreement was a single, integrated, and harmonious whole.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established