Go Offshore Pty Ltd

[2014] FWCA 1333

FAIR WORK COMMISSION

DECISION

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

Go Offshore Pty Ltd
(AG2014/299)

GO OFFSHORE PTY LTD MUA CONTRACT PROPELLED DREDGING ENTERPRISE AGREEMENT 2014

Dredging industry
COMMISSIONER CLOGHAN	PERTH, 26 FEBRUARY 2014

Application for approval of the Go Offshore Pty Ltd MUA Contract Propelled Dredging Enterprise Agreement 2014.

[1] On 14 February 2014, Go Offshore Pty Ltd made application for approval of a greenfields agreement to be known as the Go Offshore Pty Ltd MUA Contract Propelled Dredging Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant Go Offshore Pty Ltd sought approval of the Go Offshore Pty Ltd MUA Contract Propelled Dredging Enterprise Agreement 2014. The applicant, a dredging company, and the Maritime Union of Australia, as the representative of the employees, had entered into this enterprise agreement. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to consider whether the agreement was made in good faith, whether it covered the correct bargaining unit, and whether it contained the necessary provisions regarding minimum terms and conditions of employment. Additionally, the Commission assessed whether the agreement met the requirements for a single-enterprise agreement and if it complied with the process for approval.

The Commission found that the agreement was made in good faith and covered the correct bargaining unit. It also determined that the agreement contained all the necessary provisions regarding minimum terms and conditions of employment. The Commission noted that the agreement was a single-enterprise agreement and was made in accordance with the process required by the Fair Work Act. Therefore, the Commission approved the Go Offshore Pty Ltd MUA Contract Propelled Dredging Enterprise Agreement 2014.

Consequently, the Fair Work Commission approved the Go Offshore Pty Ltd MUA Contract Propelled Dredging Enterprise Agreement 2014, finding it to be compliant with all legal requirements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established