Great Lakes Dredge and Dock Australia Pty Ltd

[2013] FWCA 223

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
(AG2012/12939)

GREAT LAKES DREDGE & DOCK AUSTRALIA PTY LTD MUA CONTRACT PROPELLED DREDGING GREENFIELDS AGREEMENT 2012

Dredging industry
COMMISSIONER CLOGHAN	PERTH, 11 JANUARY 2013

Application for approval of the Great Lakes Dredge & Dock Australia Pty Ltd MUA Contract Propelled Dredging Greenfields Agreement 2012.

[1] On 11 December 2012, Great Lakes Dredge & Dock Australia Pty Ltd made application for approval of a greenfields agreement to be known as the Great Lakes Dredge & Dock Australia Pty Ltd MUA Contract Propelled Dredging Greenfields Agreement 2012 (“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] Pursuant to s.190 of the FW Act, the Applicant has given an undertaking in relation to Clause 7: Settlement of disputes procedure which is attached and forms part of the Agreement.

[4] 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.

[5] 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.

[6] 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.

[7] 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.

[8] The nominal expiry date of the Agreement is 8 February 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Great Lakes Dredge and Dock Australia Pty Ltd, the parties involved were Great Lakes Dredge and Dock Australia Pty Ltd and Maritime Union of Australia. The dispute centred around the application for approval of the MUA Contract Propelled Dredging Greenfields Agreement 2012. The matter was heard in the Fair Work Commission, which has jurisdiction over workplace relations and industrial matters in Australia.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions for the employees, and if it was free from any unfair discrimination. The Commission also needed to consider whether the agreement provided for adequate protections for employees, and if it complied with relevant awards, orders, and regulations.

In reaching its decision, the Commission examined the details of the proposed agreement, including the terms and conditions it provided for employees. The Commission considered the nature of the work involved, the skills and qualifications required, and the impact of the agreement on the employees' employment conditions. The Commission also assessed whether the agreement provided adequate protections for employees, including provisions for health and safety, leave entitlements, and dispute resolution mechanisms. Ultimately, the Commission found that the agreement met the necessary criteria for approval and was fair and reasonable for the employees. The Commission approved the agreement, recognising the need to balance the interests of both employers and employees in the workplace.

No further orders were made beyond the approval of the agreement. The Commission's decision provides clarity on the requirements for approving workplace agreements under the Fair Work Act, and serves as a useful reference for future applications in similar circumstances.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established