DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RND Crewing Pty Ltd
(AG2019/111)

RND CREWING PTY LTD AND THE MARITIME UNION OF AUSTRALIA DIVISION PROPELLED DREDGING ENTERPRISE AGREEMENT 2018

Dredging industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 MARCH 2019

Application for approval of the RND Crewing Pty Ltd and The Maritime Union of Australia Division Propelled Dredging Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the RND Crewing Pty Ltd and The Maritime Union of Australia Division Propelled Dredging Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RND Crewing Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

RND Crewing Pty Ltd applied to the Fair Work Commission for the approval of the RND Crewing Pty Ltd and The Maritime Union of Australia Division Propelled Dredging Enterprise Agreement 2018. The Maritime Union of Australia opposed the application. The central issue before the Commission was whether the agreement contained a term that was contrary to the provisions of the Fair Work Act 2009. The term in question related to the calculation of overtime pay for employees who were not covered by a relevant industry award. The Commission found that the term was not contrary to the Act and approved the agreement. The term in question provided that overtime pay for employees not covered by a relevant industry award would be calculated in a particular way. The union argued that this term was contrary to section 235 of the Act, which sets out the requirements for the calculation of overtime pay. The Commission disagreed, finding that the term did not contravene the Act as it provided for a reasonable method of calculating overtime pay. The Commission also noted that the term was consistent with the principles of enterprise bargaining set out in the Act. The Commission approved the agreement and directed that it be registered with the Fair Work Commission. No further orders were made.

RND Crewing 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