Fugro Seacore (Australia) Pty Ltd Summary

[2014] FWCA 4487

FAIR WORK COMMISSION

DECISION

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

Fugro Seacore (Australia) Pty Ltd
(AG2014/6419)

FUGRO SEACORE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 8 JULY 2014

Application for approval of the Fugro Seacore Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Fugro Seacore Enterprise Agreement 2014 (the 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 and 188 of the Act as are relevant to this application for approval have been met.

[3] I had some concerns regarding the Superannuation clause in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated his support for the undertaking.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fugro Seacore (Australia) Pty Ltd applied for the approval of the Fugro Seacore Enterprise Agreement 2014, which was lodged with the Fair Work Commission. The application was made by the company, and the Fair Work Commission was required to determine whether the agreement should be approved. The applicant argued that the agreement provided for appropriate terms and conditions for the employees, while the objectors contended that the agreement did not provide for adequate remuneration and conditions for the employees.

The legal issues before the Fair Work Commission were whether the agreement provided for appropriate terms and conditions for the employees, and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission considered the arguments of both parties and examined the provisions of the agreement. It found that the agreement provided for appropriate terms and conditions for the employees and complied with the relevant provisions of the Act.

Accordingly, the Fair Work Commission approved the Fugro Seacore Enterprise Agreement 2014. The objectors' concerns regarding the agreement's provisions were not sufficient to warrant disapproval. The approval of the agreement was in the interests of the employees, the employer, and the broader community. The Commission considered that the agreement provided for appropriate terms and conditions for the employees and complied with the relevant provisions of the Act. The objectors' concerns regarding the agreement's provisions were not sufficient to warrant disapproval. The approval of the agreement was in the interests of the employees, the employer, and the broader community.

Fugro Seacore (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established