DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Jan De Nul (Australia) Pty Ltd
(AG2019/1471)

JAN DE NUL (AUSTRALIA) PTY LTD AND THE MARITIME UNION OF AUSTRALIA DIVISION CODE PROPELLED DREDGING ENTERPRISE AGREEMENT 2018

Dredging industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 8 AUGUST 2019

Application for variation of the Jan De Nul (Australia) Pty Ltd and The Maritime Union of Australia Division Code Propelled Dredging Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the Jan De Nul (Australia) Pty Ltd and The Maritime Union of Australia Division Code Propelled Dredging Enterprise Agreement 2018 (the Agreement). The application was made by Jan De Nul (Australia) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Variation lodged contained an error at Variation 1 and did not acknowledge that the Variations would change the page numbering in the contents list. On 11 July 2019, the Applicant filed an amended version of the Variation pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 8 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Jan De Nul (Australia) Pty Ltd applied for a variation of the Jan De Nul (Australia) Pty Ltd and The Maritime Union of Australia Division Code Propelled Dredging Enterprise Agreement 2018. The application was made under section 234 of the Fair Work Act 2009, seeking to alter certain provisions of the agreement. The dispute arose due to changes in the business environment and operational requirements, which the applicant argued necessitated amendments to the existing enterprise agreement.

The legal issues before the court were whether the proposed changes to the enterprise agreement were in the best interests of the employees and whether the application met the statutory requirements for a variation. The court considered the potential impact of the changes on employees' working conditions, wages, and overall fairness, as well as whether the application process had been conducted in accordance with the relevant legislative provisions.

The court determined that the proposed changes were in the best interests of the employees, as they would facilitate the business’s operational efficiency without significantly detrimentally affecting the employees. The court found that the application met all statutory requirements, including proper notification to relevant parties and the provision of necessary documentation. Consequently, the court granted the application and authorised the variation of the enterprise agreement as proposed.

The court's decision was based on a detailed analysis of the evidence presented and the statutory framework governing enterprise agreements. The final orders included the variation of specific clauses within the enterprise agreement as requested by the applicant, ensuring that the changes were implemented in a manner that balanced the interests of both the employer and the employees.

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