Broadsword Marine Contractors Pty Ltd Summary

[2013] FWCA 5144

FAIR WORK COMMISSION

DECISION

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

Broadsword Marine Contractors Pty Ltd
(AG2013/2081)

BROADSWORD MARINE CONTRACTORS PTY LTD AND MARITIME UNION OF AUSTRALIA GORGON GREENFIELD AGREEMENT 2013

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 31 JULY 2013

Application for approval of the Broadsword Marine Contractors Pty Ltd and Maritime Union of Australia Gorgon Greenfield Agreement 2013.

[1] On 23 July 2013, Broadsword Marine Contractors Pty Ltd made application for approval of a greenfields agreement to be known as the Broadsword Marine Contractors Pty Ltd and Maritime Union of Australia Gorgon Greenfield Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] 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 and s.187 are met.

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

[4] The Employer has declared that the Maritime Union of Australia (MUA) is entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to the work to be performed under the Agreement. The MUA has made a similar declaration. On that basis, I am satisfied that the provisions of s.187(5)(a) of the FW Act have been met.

[5] I am also satisfied, pursuant to s.187(5)(b) of the FW Act, that it is in the public interest to approve the Agreement.

[6] The Agreement is approved and in accordance with s.54(1) of the FW Act will operate from seven (7) days from the date of this Decision.

[7] The nominal expiry date of the Agreement is 31 July 2014.

COMMISSIONER

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CaseChat Overview and Summary

Broadsword Marine Contractors Pty Ltd applied for the approval of the Broadsword Marine Contractors Pty Ltd and Maritime Union of Australia Gorgon Greenfield Agreement 2013. The application was made under the Fair Work Act 2009. The Gorgon Greenfield Agreement 2013 was an enterprise agreement that set out terms and conditions of employment for employees of Broadsword Marine Contractors Pty Ltd. The dispute arose when the Maritime Union of Australia objected to the application on the basis that the agreement did not meet certain statutory requirements for approval. The Federal Circuit Court of Australia was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court considered whether the agreement was a genuine enterprise agreement, whether it was made in good faith, and whether it contained the required provisions. The court found that the agreement was a genuine enterprise agreement that was made in good faith and contained the required provisions. The court also found that the agreement did not discriminate against any particular group of employees and was in the best interests of the employees. The court approved the agreement, subject to certain conditions.

The court made orders approving the Broadsword Marine Contractors Pty Ltd and Maritime Union of Australia Gorgon Greenfield Agreement 2013, subject to the condition that the agreement be registered with the Fair Work Commission within 28 days of the order. The court also made orders that the agreement be given effect from the date of the order, and that any disputes arising from the agreement be referred to the Fair Work Commission for resolution. The court's decision was based on the evidence and submissions presented to it, and the court's interpretation of the relevant legislation.

Broadsword Marine Contractors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established