Heron Construction Company Ltd

[2013] FWCA 8644

FAIR WORK COMMISSION

DECISION

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

Heron Construction Company Ltd
(AG2013/9767)

HERON CONSTRUCTION NON PROPELLED DREDGING NSW COLLECTIVE AGREEMENT 2013

Dredging industry
VICE PRESIDENT WATSON	SYDNEY, 8 NOVEMBER 2013

Application for approval of the Heron Construction Non Propelled Dredging NSW Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Heron Construction Non Propelled Dredging NSW Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Heron Construction Company Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1)(a), will operate from 15 November 2013. The nominal expiry date of the Agreement is 31 July 2017

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Heron Construction Company Limited applied for the approval of the Heron Construction Non Propelled Dredging NSW Collective Agreement 2013. The application was made by the Heron Construction Company Limited and the Maritime Union of Australia. The dispute centered on whether the terms and conditions outlined in the proposed agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issue was whether the terms of the agreement complied with the provisions of the Fair Work Act, particularly focusing on whether they adhered to the "better off overall test" and whether they covered all mandatory terms. The court also had to consider whether the agreement facilitated genuine bargaining and provided for the resolution of disputes.

The Fair Work Commission found that the agreement did meet the statutory requirements. It satisfied the better off overall test and included all the mandatory terms prescribed by the Fair Work Act. The Commission was satisfied that the agreement was the product of genuine bargaining and provided adequate mechanisms for resolving disputes. Consequently, the application for approval of the Heron Construction Non Propelled Dredging NSW Collective Agreement 2013 was approved.

The Commission approved the Heron Construction Non Propelled Dredging NSW Collective Agreement 2013, effective from the date of the decision. This approval ensured that the agreement would govern the employment conditions of the workers covered by the agreement, providing clarity and certainty for both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established