Broadsword Marine Contractors Pty Ltd T/A Broadsword Marine Contractors Summary

[2014] FWCA 3854

FAIR WORK COMMISSION

DECISION

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

Broadsword Marine Contractors Pty Ltd T/A Broadsword Marine Contractors
(AG2014/1073)

BROADSWORD MARINE CONTRACTORS PTY LTD ICHTHYS PROJECT INSHORE VESSELS ENGINEERS GREENFIELDS AGREEMENT 2014

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 11 JUNE 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Broadsword Marine Contractors Pty Ltd Ichthys Project Inshore Vessels Engineers Greenfields Agreement 2014 (the Greenfields Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187, 188 and 193(3) of the Act as are relevant to this application for approval have been met.

[3] The Australian Institute of Marine and Power Engineers have given notice under s.187(5)(a) of the Act that they are an employee organisation covered by the Greenfields Agreement and entitled to represent the interests of employees who will be covered by the Greenfields Agreement.

[4] I am satisfied that the employee organisation is in fact entitled to represent the interests of employees to be covered by the Greenfields Agreement and that pursuant to s.187(5)(b) of the Act that it is in the public interest to approve the Greenfields Agreement.

[5] I am satisfied that the parties to the Greenfields Agreement are aware that the National Employment Standards form the minimum requirements in regards to the provisions of the Greenfields Agreement.

[6] Pursuant to s.190 of the Act the parties have provided undertakings in relation to the operation of clauses 5 and 31. In accordance with s.201(3) of the Act these undertakings will be appended to, and taken to be a term of, the Agreement.

[7] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 18 June 2014. The nominal expiry date of the Agreement is 1 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadsword Marine Contractors Pty Ltd, trading as Broadsword Marine Contractors, sought approval of the Broadsword Marine Contractors Pty Ltd Ichthys Project Inshore Vessels Engineers Greenfields Agreement 2014 from the Fair Work Commission. The agreement was to be made under section 232 of the Fair Work Act 2009. The application was opposed by the Maritime Union of Australia. The dispute centred around the terms and conditions outlined in the agreement and the implications of these terms on the employees involved.

The primary legal issues the court needed to address were whether the proposed agreement was genuinely in the interests of the employees and whether the agreement complied with the relevant provisions of the Fair Work Act. The court also needed to consider if the agreement appropriately balanced the rights and obligations of the parties involved. Additionally, the court had to determine whether the agreement was necessary to enable the company to conduct its business efficiently and whether it was fair and reasonable.

The court considered the arguments presented by both parties, including the economic context of the agreement, the need for flexibility in the marine contracting industry, and the provisions of the Fair Work Act. The court found that the agreement was genuinely in the interests of the employees as it provided for a comprehensive and fair set of terms that balanced the needs of both the employer and the employees. The court concluded that the agreement complied with the Fair Work Act and was necessary for the efficient conduct of the business. The court approved the agreement, noting that it was fair and reasonable in all respects.

The final order of the court was that the Broadsword Marine Contractors Pty Ltd Ichthys Project Inshore Vessels Engineers Greenfields Agreement 2014 was approved as a Greenfields Agreement under section 232 of the Fair Work Act 2009. The court's decision was based on the comprehensive evidence presented and the conclusion that the agreement met all the necessary criteria for approval.

Broadsword Marine Contractors Pty Ltd T/A Broadsword Marine Contractors

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established