DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dredging International (Australia) Pty Limited
(AG2019/1774)

DREDGING INTERNATIONAL (AUSTRALIA) PTY LTD AND THE MARITIME UNION OF AUSTRALIA DIVISION CODE PROPELLED DREDGING ENTERPRISE AGREEMENT 2019

Dredging industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 JUNE 2019

Application for approval of the Dredging International (Australia) Pty Ltd and The Maritime Union of Australia Division Code Propelled Dredging Enterprise Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Dredging International (Australia) Pty Ltd and The Maritime Union of Australia Division Code Propelled Dredging Enterprise Agreement 2019 (the Agreement). The application was made by Dredging International (Australia) Pty Limited pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Dredging International (Australia) Pty Limited and The Maritime Union of Australia Division, sought approval for their 2019 Enterprise Agreement from the Fair Work Commission. The Union argued that the application should be approved, asserting that the agreement fairly represented the workforce and adhered to the relevant legislative framework. Conversely, the company contended that the application should be dismissed on the grounds that the agreement did not meet the necessary criteria for approval.

The primary legal issue before the court was whether the Enterprise Agreement complied with the requirements set forth in the Fair Work Act 2009. Specifically, the court had to determine if the agreement was genuinely a product of bargaining between the parties, was fair and reasonable, and met the disclosure obligations. The court also examined if the agreement was in line with the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission found that the agreement met the statutory requirements for approval. It was determined that the agreement was genuinely a result of bargaining between the parties, was fair and reasonable, and fulfilled all disclosure obligations. The Commission also concluded that the agreement complied with the Fair Work (Registered Organisations) Act 2009. Consequently, the application for approval of the Enterprise Agreement was successful.

Dredging International (Australia) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established