DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jan De Nul (Australia) Pty Ltd
(AG2016/4926)

JAN DE NUL (AUSTRALIA) MUA CONTRACT PROPELLED DREDGING ENTERPRISE AGREEMENT 2016

Dredging industry
COMMISSIONER LEE	MELBOURNE, 16 SEPTEMBER 2016

Application for approval of the Jan De Nul (Australia) MUA Contract Propelled Dredging Enterprise Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the Jan De Nul (Australia) MUA Contract Propelled Dredging Enterprise Agreement 2016 (Agreement). The application was made by Jan De Nul (Australia) Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. In accordance with s.187(5)(a) of the Act, I am satisfied that The Maritime Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Maritime Union of Australia and that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2016. The nominal expiry date of the Agreement is 22 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Jan De Nul (Australia) Pty Ltd applied for the approval of the Jan De Nul (Australia) MUA Contract Propelled Dredging Enterprise Agreement 2016. The dispute was heard in the Fair Work Commission. The main legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was made in accordance with the relevant provisions of the Fair Work Act.

The Fair Work Commission found that the agreement did meet the statutory requirements and was made in good faith and without coercion. The Commission was satisfied that the agreement contained all the necessary provisions, including those relating to minimum wages and conditions, and that it provided for a fair and reasonable enterprise agreement. The Commission also noted that the agreement had been negotiated in a transparent and open manner, with both parties making a genuine effort to reach a fair and reasonable outcome.

Accordingly, the Fair Work Commission approved the Jan De Nul (Australia) MUA Contract Propelled Dredging Enterprise Agreement 2016. The approval is effective from the date of the Commission's decision and will remain in force until it is replaced by a new agreement or terminated in accordance with the Fair Work Act. This decision provides certainty for both the employer and employees and ensures that they are covered by a fair and reasonable enterprise agreement.

Jan De Nul (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established