Broadsword Marine Contractors Pty Ltd

[2013] FWCA 2942

FAIR WORK COMMISSION

DECISION

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

Broadsword Marine Contractors Pty Ltd
(AG2013/874)

BROADSWORD MUA DREDGING SUPPORT ENTERPRISE AGREEMENT 2012

Dredging industry
VICE PRESIDENT WATSON	MELBOURNE, 13 MAY 2013

Application for approval of the Broadsword MUA Dredging Support Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Broadsword MUA Dredging Support Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Broadsword Marine Contractors Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 11 April 2013.

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

[4] The Maritime Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 20 May 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadsword Marine Contractors Pty Ltd sought approval of the Broadsword MUA Dredging Support Enterprise Agreement 2012. The application was brought before the Fair Work Commission by the company, seeking approval of the enterprise agreement. The agreement was intended to govern the employment conditions of certain employees within the company's operations.

The central legal issue before the Commission was whether the proposed agreement complied with the statutory requirements of the Fair Work Act 2009, particularly concerning the process of its making and its substantive provisions. The Commission needed to determine if the agreement was made in accordance with the prescribed process, and if its terms and conditions met the criteria for being a protected action in good faith.

The Fair Work Commission found that the agreement was made in accordance with the statutory requirements. It concluded that the process followed in making the agreement was compliant, and the substantive provisions of the agreement were fair and reasonable. The Commission was satisfied that the agreement was a genuine enterprise agreement and that it met the criteria for being protected action in good faith. Consequently, the Commission approved the application for the agreement.

The Fair Work Commission approved the Broadsword MUA Dredging Support Enterprise Agreement 2012, determining that it complied with the statutory requirements and was a genuine enterprise agreement. The agreement was therefore approved as a protected action in good faith, and would govern the employment conditions of the specified employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established