| [2018] FWCA 4859 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Jan De Nul (Australia) Pty Ltd
(AG2018/2478)
Jan De Nul (Australia) Pty Ltd and The Maritime Union of Australia Division Propelled Dredging Enterprise Agreement 2018
| Dredging industry | |
| Deputy President Colman | MELBOURNE, 17 AUGUST 2018 |
Application for approval of the Jan De Nul (Australia) Pty Ltd and The Maritime Union of Australia Division Propelled Dredging Enterprise Agreement 2018.
An application has been made for approval of a greenfields agreement known as the Jan De Nul (Australia) Pty Ltd and The Maritime Union of Australia Division Propelled Dredging Enterprise Agreement 2018 (the Agreement). The application was made by Jan De Nul (Australia) Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).
This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union 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.
Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2018. The nominal expiry date of the Agreement is 30 June 2020.
DEPUTY PRESIDENT
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- AGLC
- Jan De Nul (Australia) Pty Ltd [2018] FWCA 4859
- Case
- [2018] FWCA 4859
- Decision Date
CaseChat Overview and Summary
The legal issues the court was required to decide revolved around the compliance of the Enterprise Agreement with the provisions of the Fair Work Act, particularly in terms of the minimum entitlements and protections afforded to employees. The court examined whether the agreement provided fair and reasonable terms for employees, including pay rates, working hours, and other employment conditions. Additionally, the court needed to ensure the agreement adhered to the procedural requirements for enterprise agreements under the Act.
The Fair Work Commission determined that the agreement was fair and reasonable, meeting the criteria set out in the Fair Work Act. The court highlighted that the agreement provided for appropriate pay rates and conditions, ensuring that employees were not worse off than under the applicable awards. The agreement also included provisions for dispute resolution and the protection of employee rights. Consequently, the Commission approved the Jan De Nul (Australia) Pty Ltd and The Maritime Union of Australia Division Propelled Dredging Enterprise Agreement 2018, affirming its compliance with the legislative requirements.
The final orders of the Commission included the formal approval of the enterprise agreement, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement are legally binding on both the employer and the employees, providing a framework for their industrial relationship moving forward. The decision underscores the importance of enterprise agreements in balancing the interests of employers and employees while adhering to statutory standards.
Orders
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Background
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Ratio Decidendi
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