DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boskalis Australia Pty Ltd
(AG2016/6157)

BOSKALIS AUSTRALIA MUA CONTRACT PROPELLED DREDGING ENTERPRISE AGREEMENT 2016

Dredging industry
COMMISSIONER LEE	MELBOURNE, 27 OCTOBER 2016

Application for approval of the Boskalis Australia MUA Contract Propelled Dredging Enterprise Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the Boskalis Australia MUA Contract Propelled Dredging Enterprise Agreement 2016 (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. 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.

[3] 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.

[4] 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.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 2016. The nominal expiry date of the Agreement is 22 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boskalis Australia Pty Ltd, an employer, sought approval of the Boskalis Australia MUA Contract Propelled Dredging Enterprise Agreement 2016. The Fair Work Commission was tasked with determining whether the agreement should be approved as a modern award. The respondents included the Maritime Union of Australia and various employees. The core issue before the Commission was whether the provisions of the agreement were consistent with the objects of the Fair Work Act 2009, specifically in relation to the enterprise's bargaining power and the impact on employees' conditions.

The Commission examined the bargaining power of the parties, considering the employer's economic capacity and the union's role in representing the employees. The analysis also included an assessment of whether the agreement provided for fair and reasonable terms and conditions, in line with the objectives of the Act. The Commission found that while the employer had significant economic power, the union effectively represented the employees, ensuring a balanced negotiation process. The terms of the agreement were scrutinised to ensure they did not disadvantage the employees or compromise their rights and conditions.

Ultimately, the Commission approved the agreement, finding that it met the requirements of the Act. The provisions were deemed to be fair and reasonable, taking into account the economic circumstances of the parties. The Commission was satisfied that the agreement would operate in a manner that did not undermine the conditions of the employees and that it was in line with the broader objectives of the Act. The approval was granted, allowing the agreement to come into effect as a modern award.

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