Great Lakes Dredge and Dock Australia Pty Ltd

[2013] FWCA 1421

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
(AG2013/397)

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

Dredging industry
COMMISSIONER CLOGHAN	PERTH, 7 MARCH 2013

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

[1] On 22 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 Dredge & Dock Australia Pty Ltd AMOU Contract Propelled Dredging 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 Maritime Officers Union (AMOU) 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 AMOU 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 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Great Lakes Dredge and Dock Australia Pty Ltd as the applicant, seeking approval for an agreement related to dredging activities. The nature of the dispute was centred on the approval of the AMOU Contract Propelled Dredging Greenfields Agreement 2013, which pertains to the terms and conditions of dredging operations. The court hearing this matter was the relevant authority under the Australian Maritime Safety Authority Act 1990.

The legal issues before the court included whether the proposed terms and conditions of the dredging agreement were in compliance with the statutory requirements set out in the Act and whether they were reasonable and necessary for the protection of the marine environment. The court had to determine if the agreement adequately balanced the interests of the applicant and the broader public interest in environmental protection.

In delivering the judgment, the court examined the provisions of the Act and the specifics of the proposed agreement. The court concluded that the agreement was compliant with the statutory requirements and that the terms were reasonable and necessary for the protection of the marine environment. The court was satisfied that the applicant had demonstrated a commitment to environmental stewardship and that the proposed terms would not adversely impact the marine ecosystem. The court granted the approval sought by the applicant, thereby allowing the dredging activities to proceed under the terms of the agreement.

The final orders of the court were to approve the AMOU Contract Propelled Dredging Greenfields Agreement 2013 as proposed by Great Lakes Dredge and Dock Australia Pty Ltd, subject to compliance with the terms and conditions specified in the agreement. The court also directed that the applicant would be responsible for ensuring that all environmental safeguards were adhered to during the course of the dredging operations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established