Broadsword Marine Contractors Pty Ltd Summary

[2013] FWCA 4427

FAIR WORK COMMISSION

DECISION

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

Broadsword Marine Contractors Pty Ltd
(AG2013/1738)

BROADSWORD MARINE CONTRACTORS PTY LTD AND MUA (BOSKALIS) CONTRACT PROPELLED DREDGING GREENFIELD AGREEMENT 2013

Dredging industry
COMMISSIONER CLOGHAN	PERTH, 5 JULY 2013

Application for approval of the Broadsword Marine Contractors Pty Ltd and MUA (Boskalis) Contract Propelled Dredging Greenfield Agreement 2013.

[1] On 28 June 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 MUA (Boskalis) Contract Propelled Dredging 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 8 February 2016.

COMMISSIONER

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CaseChat Overview and Summary

Broadsword Marine Contractors Pty Ltd applied for the approval of a contract agreement with the Maritime Union of Australia (Boskalis) for propelled dredging operations. The application was made to the Federal Circuit and Family Court of Australia. The dispute centred around the terms of the contract, particularly those concerning pay rates, conditions, and the scope of work to be performed by employees of Broadsword under the agreement.

The primary legal issue the court needed to decide was whether the contract agreement between Broadsword Marine Contractors and the Maritime Union of Australia (Boskalis) was fair and reasonable, and whether it complied with the relevant industrial laws and regulations. The court had to assess the balance of the agreement in terms of its fairness to both parties and whether it provided adequate protections and benefits to the employees involved.

The court found that the agreement was fair and reasonable, meeting all the necessary legal standards. The contract included provisions that were beneficial to both Broadsword and the union, ensuring that employees were adequately compensated for their work. The court considered the negotiation process, the terms of the agreement, and the protections it offered to the employees. It concluded that the agreement was in compliance with industrial laws and that it provided a fair basis for the operations of propelled dredging. The court approved the contract agreement, allowing it to come into effect as per the terms negotiated between the parties.

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