RN Dredging Pty Ltd

[2013] FWCA 2746

FAIR WORK COMMISSION

DECISION

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

RN Dredging Pty Ltd
(AG2013/6117)

RN DREDGING PTY LTD AND AIMPE CONTRACT PROPELLED DREDGING ENTERPRISE AGREEMENT 2013

Dredging industry
VICE PRESIDENT WATSON	SYDNEY, 3 MAY 2013

Application for approval of the RN Dredging Pty Ltd and AIMPE Contract Propelled Dredging Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the RN Dredging Pty Ltd and AIMPE Contract Propelled Dredging Enterprise 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 RN Dredging Pty Ltd.

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

[3] The Australian Institute of Marine and Power Engineers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1)(a), will operate from 10 May 2013. The nominal expiry date of the Agreement is 30 June 2016.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RN Dredging Pty Ltd sought approval of their Enterprise Agreement from 2013. The application was made to the Fair Work Commission, which oversees the approval of enterprise agreements in Australia. The primary dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically whether it provided for fair terms and conditions of employment and if it was made in good faith.

The key legal issues before the Commission involved assessing the fairness of the terms and conditions set out in the agreement, ensuring that the agreement was free from any coercive or otherwise improper conduct, and confirming that the agreement was genuinely negotiated between the employer and the employees. The Commission also considered whether the agreement had been appropriately certified by the Australian Building and Construction Commission.

The Commission found that the agreement was fair and met all the necessary statutory criteria. It was satisfied that the agreement had been made in good faith and was free from any improper conduct. The Commission noted that the agreement contained terms that were reasonable and provided adequate protections for the employees. It also found that the agreement had been properly certified. Consequently, the Commission approved the agreement, confirming that it complied with the requirements of the Fair Work Act 2009.

As a result of the Court's decision, the RN Dredging Pty Ltd and AIMPE Contract Propelled Dredging Enterprise Agreement 2013 was approved and is now in effect. The decision reinforces the importance of ensuring that enterprise agreements meet all statutory requirements to be valid and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established