DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dredging International (Australia) Pty Limited
(AG2019/859)

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

Dredging industry
COMMISSIONER LEE	MELBOURNE, 23 APRIL 2019

Application for approval of the Dredging International (Australia) Pty Ltd and The Maritime Union of Australia Division 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 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 30 April 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Dredging International (Australia) Pty Limited applied for the approval of the Dredging International (Australia) Pty Ltd and The Maritime Union of Australia Division Propelled Dredging Enterprise Agreement 2019. The application was made under section 233 of the Fair Work Act 2009. The parties involved were the employer, Dredging International (Australia) Pty Limited, and the union, The Maritime Union of Australia Division Propelled Dredging. The primary dispute centred on whether the enterprise agreement should be approved by the Commission, considering the agreement's compliance with the Fair Work Act and the principles of the Australian labour market.

The legal issues before the court encompassed the validity of the enterprise agreement, its compliance with the statutory requirements set out in the Fair Work Act, and the fairness of the agreement to all parties involved. Specifically, the court had to determine if the agreement met the criteria for being a "better off overall test" (BOOT), ensuring that the employees were no worse off than if the agreement had not been made. The court also needed to assess if the agreement was made in good faith and if it adhered to the procedural requirements, including proper consultation with the employees.

The Fair Work Commission assessed the application and found that the agreement complied with the statutory requirements. The Commission determined that the agreement was made in good faith and met the BOOT, ensuring that the employees were not disadvantaged. Additionally, the Commission found that the agreement was procedurally sound, with proper consultation processes undertaken by the employer. Consequently, the Fair Work Commission approved the Dredging International (Australia) Pty Ltd and The Maritime Union of Australia Division Propelled Dredging Enterprise Agreement 2019, confirming its validity and enforceability under the Fair Work Act.

As a result of the Commission's decision, the Dredging International (Australia) Pty Ltd and The Maritime Union of Australia Division Propelled Dredging Enterprise Agreement 2019 was approved and is now legally binding on the parties involved. This approval ensures that the agreement's terms and conditions will govern the employment relationship between the employer and the employees, subject to the provisions of the Fair Work Act and any applicable industrial instruments.

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