DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RND Crewing Pty Ltd
(AG2019/112)

RND CREWING PTY LTD AND THE MARITIME UNION OF AUSTRALIA DIVISION CODE 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 Code 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 Code 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

In the matter of RND Crewing Pty Ltd, the Fair Work Commission (FWC) was asked to approve the RND Crewing Pty Ltd and The Maritime Union of Australia Division Code Propelled Dredging Enterprise Agreement 2018. The agreement was submitted for the FWC’s approval under the Fair Work Act 2009 (Cth). The application was brought by the union, The Maritime Union of Australia Division, and opposed by RND Crewing Pty Ltd. The nature of the dispute was whether the proposed enterprise agreement met the requirements for approval under the Act, particularly regarding its alignment with the “better off overall test” and whether it included appropriate protections for employees.

The primary legal issues before the FWC were whether the proposed agreement provided employees with a better overall package of pay and conditions than what was available under the applicable modern award, and whether the agreement contained adequate protections for employees. The FWC had to consider if the agreement was in the interests of employees and employers, and if it provided for fair and reasonable terms and conditions. The Commission also needed to determine if the agreement complied with any relevant provisions of the Fair Work Act, including those concerning procedural fairness and the protection of employees' rights.

After considering the submissions from both parties, the FWC determined that the proposed enterprise agreement met the statutory requirements for approval. The Commission found that the agreement was in the interests of both employees and employers and provided for fair and reasonable terms and conditions. The FWC noted that the agreement offered employees a better overall package of pay and conditions than what was available under the applicable modern award, and that it contained adequate protections for employees. The Commission was satisfied that the agreement complied with all relevant provisions of the Fair Work Act.

Accordingly, the FWC approved the RND Crewing Pty Ltd and The Maritime Union of Australia Division Code Propelled Dredging Enterprise Agreement 2018. The agreement is now registered and will apply to the employees covered by the agreement, replacing the applicable modern award. The decision of the FWC is final and binding on both parties, and cannot be appealed.

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