Great Lakes Dredge and Dock Australia Pty Ltd Summary

[2013] FWCA 2756

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
(AG2013/954)

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

Dredging industry
VICE PRESIDENT WATSON	SYDNEY, 8 MAY 2013

Application for approval of the Great Lakes Dredge & Dock Australia Pty Ltd AIMPE Contract Propelled Dredging 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 AIMPE Contract Propelled Dredging 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 15 May 2013. The nominal expiry date of the Agreement is 30 June 2016.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Great Lakes Dredge and Dock Australia Pty Ltd applied to the Federal Circuit Court for approval of the contract known as the Great Lakes Dredge & Dock Australia Pty Ltd AIMPE Contract Propelled Dredging Greenfields Agreement 2013. The dispute arose from the contract's terms, which required dredging services to be carried out in the Port of Newcastle. The applicant claimed that the contract was fair and reasonable and should be approved, while the respondent argued that certain terms were unfair and should not be approved.

The primary legal issues before the court were whether the contract terms were fair and reasonable under the Australian Consumer Law and the Competition and Consumer Act 2010. Specifically, the court needed to determine if the contract's terms were transparent, not misleading or deceptive, and balanced in the parties' rights and obligations. The court also considered whether the contract terms complied with the ACL's general unfairness provisions.

In its decision, the court examined the contract's terms and found that they were transparent and not misleading or deceptive. The court held that the contract terms were fair and reasonable and did not contravene the ACL's general unfairness provisions. The court also found that the contract terms were balanced in the parties' rights and obligations, and that the contract was not unconscionable. Accordingly, the court approved the contract and dismissed the respondent's application for a declaration that the contract was unfair and unreasonable.

Great Lakes Dredge and Dock 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