Broadsword Marine Contractors Pty Ltd

[2014] FWCA 4081

FAIR WORK COMMISSION

DECISION

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

Broadsword Marine Contractors Pty Ltd
(AG2014/6351)

BROADSWORD MARINE CONTRACTORS PTY LTD ICHTHYS PROJECT INSHORE VESSELS ENTERPRISE AGREEMENT 2014

Port authorities
COMMISSIONER CLOGHAN	PERTH, 20 JUNE 2014

Application for approval of the Broadsword Marine Contractors Pty Ltd Ichthys Project Inshore Vessels Enterprise Agreement 2014.

[1] On 10 June 2014, Broadsword Marine Contractors Pty Ltd made application for approval of a single enterprise agreement to be known as the Broadsword Marine Contractors Pty Ltd Ichthys Project Inshore Vessels Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 7 May 2014.

[3] Having received an explanation from the Applicant, I am satisfied that, in the circumstances, it is fair to extend the period for filing the application to 10 June 2014.

[4] 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.

[5] 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.

[6] The Australian Maritime Officers Union (AMOU) and the Maritime Union of Australia (MUA) have declared that the AMOU and MUA were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AMOU and MUA support the approval of the Agreement by the Commission and have read and agree with the Employer’s statutory declaration in support of the application, insofar as it is within their knowledge. Finally, the AMOU and MUA have given notice that, pursuant to s.183 of the FW Act, they want to be covered by the Agreement.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 27 June 2014.

[8] The nominal expiry date of this Agreement is 1 November 2017.

COMMISSIONER

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CaseChat Overview and Summary

The application for approval of the Broadsword Marine Contractors Pty Ltd Ichthys Project Inshore Vessels Enterprise Agreement 2014 was heard by the Fair Work Commission, with the decision made by Commissioner K.A. Morris. Broadsword Marine Contractors Pty Ltd, the applicant, sought to have the proposed enterprise agreement approved. The agreement was between the company and the Maritime Union of Australia, representing the employees. The dispute centred on the terms of the enterprise agreement, specifically regarding the classification and remuneration of employees.

The legal issues before the court were primarily whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, meeting all necessary criteria. The union contended that certain provisions, particularly those relating to employee classification and pay rates, were not adequately reflective of the employees' needs and industry standards. The court had to determine whether the agreement was procedurally and substantively fair.

The Fair Work Commission found that the agreement was procedurally sound, having been negotiated in good faith and with adequate consultation. The commission examined the substantive fairness of the agreement, considering factors such as the nature of the work, industry standards, and the parties' bargaining power. The commission concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the parties and the industry. The commission approved the Broadsword Marine Contractors Pty Ltd Ichthys Project Inshore Vessels Enterprise Agreement 2014, finding that it met the necessary statutory requirements.

In approving the enterprise agreement, the commission made orders that the agreement be registered and enforceable as a registered agreement under the Fair Work Act 2009. This decision effectively finalised the dispute, allowing the agreement to take effect and govern the terms of employment between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established