DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boskalis Australia Pty Ltd
(AG2018/2917)

BOSKALIS(AUSTRALIA) PTY LTD AND THE MARITIME UNION OF AUSTRALIA DIVISION CODE PROPELLED DREDGING ENTERPRISE AGREEMENT 2018

Dredging industry
COMMISSIONER LEE	SYDNEY, 17 JULY 2018

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

[1] 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 Code Propelled Dredging Enterprise Agreement 2018 (Agreement). The application was made by Boskalis Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] 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 the Maritime Union of Australia are 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.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Maritime Union of Australia and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission involved Boskalis Australia Pty Ltd and The Maritime Union of Australia. The issue at hand was the application for the approval of the Boskalis (Australia) Pty Ltd and The Maritime Union of Australia Division Code Propelled Dredging Enterprise Agreement 2018. The case was heard by Commissioner R A L Carr.

The primary legal issues addressed by the court were whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009, specifically focusing on whether it contained the necessary minimum terms and conditions, and if it had been negotiated in good faith. The court had to assess if the agreement was free from any illegality or unfairness and whether it complied with the provisions of the Act. Additionally, the court needed to determine if the agreement was made under a single enterprise and if the union had genuinely represented its members during the negotiation process.

The court found that the agreement was compliant with the Fair Work Act. It contained all the mandated minimum terms and conditions, and the negotiation process had been conducted in good faith. The agreement was deemed fair, free from any illegality, and it complied with all relevant provisions of the Act. The court was satisfied that the agreement had been made under a single enterprise and that the union had genuinely represented its members during the negotiation. Consequently, the court approved the enterprise agreement.

The final orders of the court were that the Boskalis (Australia) Pty Ltd and The Maritime Union of Australia Division Code Propelled Dredging Enterprise Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would come into effect from the date of the approval.

Boskalis Australia 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