Broadsword Marine Contractors Pty Ltd

[2013] FWCA 3716

[2013] FWCA 3716

FAIR WORK COMMISSION

DECISION

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

Broadsword Marine Contractors Pty Ltd
(AG2013/6706)

BROADSWORD MARINE CONTRACTORS PTY LTD AND MUA CONTRACT PROPELLED DREDGING (JDN) ENTERPRISE AGREEMENT 2013

Dredging industry
COMMISSIONER CLOGHAN	PERTH, 12 JUNE 2013

Application for approval of the Broadsword Marine Contractors Pty Ltd and MUA Contract Propelled Dredging (JDN) Enterprise Agreement 2013.

[1] On 28 May 2013, Broadsword Marine Contractors Pty Ltd made application for approval of a single enterprise agreement to be known as the Broadsword Marine Contractors Pty Ltd and MUA Contract Propelled Dredging (JDN) Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 17 May 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Maritime Union of Australia (MUA) has declared that the MUA was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the MUA supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the MUA has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 19 June 2013.

[7] The nominal expiry date of this Agreement is 8 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code {G}, AE401720  PR537738>