DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jan De Nul (Australia) Pty Ltd
(AG2018/2479)

JAN DE NUL (AUSTRALIA) PTY LTD AND THE MARITIME UNION OF AUSTRALIA DIVISION CODE 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 Code Propelled Dredging Enterprise Agreement 2018.

[1] 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 Code 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).

[2] 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.

[3] 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.

[4] 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Jan De Nul (Australia) Pty Ltd was brought before the Fair Work Commission, concerning the application for approval 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 by the employer, Jan De Nul, and the union, the Maritime Union of Australia Division. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009, particularly focusing on the provisions concerning the employees' entitlements and the processes for resolving workplace disputes.

The legal issues the court had to decide included whether the agreement adequately provided for the employees' rights and obligations, whether it ensured a fair and efficient process for resolving workplace disputes, and whether it complied with the procedural requirements for enterprise agreements. The union argued that the agreement did not sufficiently protect employees' rights and did not provide an effective dispute resolution mechanism. The employer, on the other hand, contended that the agreement was fair and balanced, meeting all legislative requirements.

The court examined the agreement's provisions in detail, considering the balance between the employer's needs and the employees' protections. It found that the agreement adequately addressed the employees' entitlements and provided a fair and efficient dispute resolution process. The court concluded that the agreement was made in good faith and met the legislative requirements for approval. Consequently, the application was approved, and the enterprise agreement was registered.

The final orders included the approval and registration of the Jan De Nul (Australia) Pty Ltd and The Maritime Union of Australia Division Code Propelled Dredging Enterprise Agreement 2018, effective from the date of the decision. The agreement was to apply to the employees covered by the agreement for the duration specified within its terms.

Jan De Nul (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established