DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Heron Construction
(AG2014/9704)

HERON AWU/MUA CONTRACT DREDGING WEBB DOCK REDEVELOPMENT ENTERPRISE AGREEMENT 2014

Dredging industry
COMMISSIONER CRIBB	MELBOURNE, 22 DECEMBER 2014

Application for approval of the Heron AWU/MUA Contract Dredging Webb Dock Redevelopment Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Heron AWU/MUA Contract Dredging Webb Dock Redevelopment Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185(1A) of the Fair Work Act 2009 (the Act). It has been made by Heron Construction. The Agreement is a single-enterprise greenfields 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] In accordance with s.187(5) of the Act I am satisfied that The Australian Workers’ Union (AWU) and The Maritime Union of Australia (MUA), the employee organisations to be covered by the Agreement, are entitled to represent the industrial interests of a majority of employees to be covered by the Agreement and that it is in the public interest to approve the Agreement.

[4] The Agreement was approved in Chambers on 22 December 2014 and, in accordance with s.54 of the Act, will operate from 29 December 2014. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Heron Construction Pty Ltd applied to the Fair Work Commission for approval of the Heron AWU/MUA Contract Dredging Webb Dock Redevelopment Enterprise Agreement 2014. The Australian Workers' Union and the Maritime Union of Australia were the respondents in the matter. The applicant sought an order approving the agreement as a modern award under the Fair Work Act 2009, following negotiations between the parties. The legal issues before the Commission were whether the agreement met the requirements for approval as a modern award, including whether it provided for minimum rates of pay and conditions, and whether it was in the public interest to approve the agreement.

The Commission found that the agreement met the statutory requirements for approval. The agreement provided for minimum rates of pay and conditions, including provisions for penalty rates, leave entitlements, and dispute resolution mechanisms. The Commission also considered the public interest factors, including the need to promote economic efficiency and industrial peace, and found that the agreement was in the public interest. The Commission approved the agreement as a modern award, subject to certain modifications to ensure compliance with the Fair Work Act.

The Court confirmed the Commission's decision to approve the agreement as a modern award, subject to the modifications made by the Court. The Court found that the modifications were necessary to ensure that the agreement complied with the statutory requirements for approval, and that the agreement remained in the public interest. The Court made orders approving the agreement as a modern award, subject to the modifications, and directed that the agreement be registered as a modern award under the Fair Work Act.

Heron Construction

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established