Neumann Contractors Pty Ltd Summary

[2013] FWCA 9393

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Neumann Contractors Pty Ltd
(AG2013/10221)

NEUMANN CONTRACTORS PTY LTD DREDGING COLLECTIVE AGREEMENT 2013

Dredging industry
COMMISSIONER SIMPSON	BRISBANE, 4 DECEMBER 2013

Application for approval of the Neumann Contractors Pty Ltd Dredging Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Neumann Contractors Pty Ltd Dredging Collective Agreement 2013 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Neumann Contractors Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement is approved. In accordance with s.54(1) it will operate from 11 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Neumann Contractors Pty Ltd, a dredging company, and its employees represented by the Maritime Union of Australia. The company sought approval for a new collective agreement, the Neumann Contractors Pty Ltd Dredging Collective Agreement 2013. The legal issues before the Commission centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. Specifically, the Commission needed to consider if the agreement provided fair and reasonable terms and conditions, and if it allowed for genuine bargaining between the parties.

The Commission assessed the agreement against the criteria set out in the Fair Work Act, focusing on whether it was in the best interests of the employees. The Commission noted that the agreement contained terms that were fair and reasonable, taking into account the economic and operational context of the dredging industry. The Commission also considered the parties' capacity to negotiate and the extent to which the agreement facilitated genuine bargaining. Ultimately, the Commission found that the agreement met the necessary standards and was in the best interests of the employees.

In light of the above, the Fair Work Commission approved the Neumann Contractors Pty Ltd Dredging Collective Agreement 2013. The Commission highlighted that the agreement provided fair and reasonable terms and conditions for the employees, and that it facilitated genuine bargaining between the parties. The approval of the agreement ensures that the employees of Neumann Contractors Pty Ltd will benefit from the terms and conditions set out in the agreement, while also maintaining a fair and balanced relationship between the company and its workforce.

Neumann Contractors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established