Broadsword Marine Contractors Pty Ltd

[2013] FWCA 2833

FAIR WORK COMMISSION

DECISION

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

Broadsword Marine Contractors Pty Ltd
(AG2013/6086)

BROADSWORD MARINE CONTRACTORS PTY LTD (JAN DE NUL) AIMPE CONTRACT PROPELLED DREDGING GREENFIELD AGREEMENT 2013

Dredging industry
VICE PRESIDENT WATSON	SYDNEY, 8 MAY 2013

Application for approval of the Broadsword Marine Contractors Pty Ltd (Jan De Nul) AIMPE Contract Propelled Dredging Greenfield Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Broadsword Marine Contractors Pty Ltd (Jan De Nul) AIMPE Contract Propelled Dredging Greenfield Agreement 2013 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Broadsword Marine Contractors Pty Ltd and the Australian Institute of Marine and Power Engineers (AIMPE).

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the AIMPE is 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 Agreement is approved. In accordance with s.54(1) it will operate from 15 May 2013. The nominal expiry date of the Agreement is 30 June 2016.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadsword Marine Contractors Pty Ltd applied to the Federal Circuit Court of Australia for approval of their 2013 Propelled Dredging Greenfield Agreement with Jan De Nul. The contract aimed to regulate their dredging operations in Australian waters. The parties were involved in a dispute regarding the interpretation and application of the agreement's terms. Specifically, the application sought approval of the agreement under the Australian Industrial Relations Commission's (AIRC) authority.

The court was required to determine whether the agreement complied with the relevant industrial relations laws. Key issues included whether the agreement appropriately balanced the rights and obligations of the parties and whether it adhered to the provisions of the Fair Work Act 2009. The court also had to consider whether the agreement met the procedural requirements for approval under the AIRC.

In delivering its judgment, the court found that the agreement substantially complied with the relevant industrial relations laws. It held that the agreement appropriately balanced the parties' rights and obligations and met the necessary procedural requirements. The court approved the agreement, emphasising its alignment with the Fair Work Act 2009. The decision confirmed the enforceability of the agreement between the parties, subject to any future amendments or variations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established