Broadsword Marine Contractors Pty Ltd

[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

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CaseChat Overview and Summary

The matter involved Broadsword Marine Contractors Pty Ltd and the Maritime Union of Australia (MUA) in the context of seeking approval for the Broadsword Marine Contractors Pty Ltd and MUA Contract Propelled Dredging (JDN) Enterprise Agreement 2013. The Fair Work Commission (FWC) was tasked with determining whether this agreement should be formally approved. The dispute centred around whether the agreement complied with the Fair Work Act 2009, particularly concerning the provisions for employee representation and dispute resolution.

The primary legal issues the FWC had to resolve were whether the agreement met the statutory requirements for employee representation, including the establishment of an employee representative body, and whether the dispute resolution provisions were consistent with the Act. Specifically, the FWC needed to ensure that the agreement did not unfairly disadvantage any party and that it was made in good faith. The Commission also needed to consider if the agreement provided for a fair and efficient mechanism for resolving disputes that might arise during its operation.

The FWC examined the agreement in detail, assessing whether it appropriately provided for the representation of employees in line with the legislative framework. The Commission concluded that the agreement was made in good faith and was fair and reasonable, as it provided adequate mechanisms for employee representation and dispute resolution. The FWC found that the agreement complied with the statutory requirements and approved it accordingly. The decision highlighted the importance of ensuring that enterprise agreements are balanced and meet the legislative standards for employee protection and dispute resolution.

The final orders of the FWC were that the Broadsword Marine Contractors Pty Ltd and MUA Contract Propelled Dredging (JDN) Enterprise Agreement 2013 be approved as of 1 April 2013. This approval ensures that the terms of the agreement are legally binding and enforceable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established