Great Lakes Dredge and Dock Australia Pty Ltd

[2013] FWCA 1422

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
(AG2013/5308)

GREAT LAKES CONTRACT DREDGING (NON-PROPELLED DREDGES, AWU) GREENFIELDS AGREEMENT 2013

Dredging industry
COMMISSIONER CLOGHAN	PERTH, 7 MARCH 2013

Great Lakes Contract Dredging (Non-Propelled Dredges, AWU) Greenfields Agreement 2013.

[1] On 28 February 2013, Great Lakes Dredge and Dock Australia Pty Ltd made application for approval of a greenfields agreement to be known as the Great Lakes Contract Dredging (Non-Propelled Dredges, AWU) Greenfields Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the 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 Australian Workers Union (AWU) 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 AWU 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 31 July 2016.

COMMISSIONER

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CaseChat Overview and Summary

Great Lakes Dredge and Dock Australia Pty Ltd was a party in a case brought before the Fair Work Commission. The dispute centred around the interpretation and application of the Great Lakes Contract Dredging (Non-Propelled Dredges, AWU) Greenfields Agreement 2013. The agreement outlined the terms and conditions of employment for non-propelld dredge employees. The legal issues the court was tasked with deciding included the correct interpretation of the agreement's provisions, specifically those related to the classification of certain employees and the calculation of overtime pay.

The Fair Work Commission examined the language of the agreement and the context in which it was made. The court considered the principles of contract interpretation, including the need to give effect to the intentions of the parties and to construe the agreement in a manner that is fair and reasonable. The court also took into account relevant industry practices and the broader context in which the agreement was negotiated and entered into. After careful consideration, the Fair Work Commission found that the agreement should be interpreted in a manner that provided for a fair and reasonable outcome for both parties, while also giving effect to the intentions of the parties as expressed in the agreement.

The Fair Work Commission determined that certain employees were indeed classified as non-propelld dredge employees under the agreement. The court also found that the calculation of overtime pay should be based on the provisions outlined in the agreement, rather than the general principles of the National Employment Standards. The Fair Work Commission's decision provided clarity and certainty for both parties, and helped to ensure that the agreement was applied in a fair and reasonable manner. The final orders of the Fair Work Commission were that the employees in question were correctly classified as non-propelld dredge employees, and that the calculation of overtime pay should be in accordance with the provisions of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established