Great Lakes Dredge and Dock Australia Pty Ltd

[2013] FWCA 3215

FAIR WORK COMMISSION

DECISION

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

Great Lakes Dredge and Dock Australia Pty Ltd
(AG2013/1092)

GREAT LAKES DREDGE & DOCK AUSTRALIA PTY LTD CONTRACT NON-PROPELLED DREDGING, AIMPE GREENFIELDS AGREEMENT 2013

Dredging industry
VICE PRESIDENT WATSON	SYDNEY, 22 MAY 2013

Application for approval of the Great Lakes Dredge & Dock Australia Pty Ltd Contract Non-Propelled Dredging, AIMPE Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Great Lakes Dredge & Dock Australia Pty Ltd Contract Non-Propelled Dredging, AIMPE Greenfields Agreement 2013 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Great Lakes Dredge and Dock Australia Pty Ltd and the Australian Institute of Marine and Power Engineers (AIMPE).

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the AIMPE 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] The Agreement is approved. In accordance with s.54(1) it will operate from 29 May 2013. The nominal expiry date of the Agreement is 31 March 2017.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court, Great Lakes Dredge and Dock Australia Pty Ltd sought approval of a contract for non-propelled dredging services at the AIMPE Greenfields Agreement 2013. The contract was a subject of review to ensure it met the standards and requirements set out by the relevant legislation. The Federal Court was tasked with evaluating the terms and conditions of the contract to determine whether they complied with the necessary legal and regulatory frameworks.

The primary legal issue before the court was whether the contract between Great Lakes Dredge and Dock Australia Pty Ltd and AIMPE adhered to the legislative requirements and industry standards. The court had to scrutinise the terms of the contract to ensure that they provided adequate protection to both parties and aligned with the statutory provisions. Furthermore, the court examined whether the contract facilitated fair and equitable practices in the dredging industry, as mandated by law.

In delivering its judgment, the court assessed the contract's provisions against the legal and regulatory criteria. It determined that the contract was compliant with the relevant laws and industry standards. The court found that the terms of the contract were fair and reasonable, providing adequate protections for both parties. Consequently, the Federal Court approved the contract, allowing the parties to proceed with their dredging operations under the agreed terms. This decision confirmed that the contract met the necessary legal requirements and could be implemented without further amendments.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established