Boskalis Australia Pty Ltd

[2018] FWCA 4201

[2018] FWCA 4201

FAIR WORK COMMISSION

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

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Annexure A