RND Crewing Pty Ltd

[2017] FWCA 6157

[2017] FWCA 6157

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RND Crewing Pty Ltd
(AG2017/3604)

RND CREWING AND MUA GREENFIELDS AGREEMENT COCKBURN CEMENT 2017

Dredging industry
COMMISSIONER MCKINNON	MELBOURNE, 22 NOVEMBER 2017

Application for approval of the RND Crewing and MUA Greenfields Agreement Cockburn Cement 2017.

[1] An application has been made for approval of a greenfields agreement known as the RND Crewing and MUA Greenfields Agreement Cockburn Cement 2017 (Agreement). The application was made by RND Crewing Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] The Agreement 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 Maritime Union of Australia (MUA) 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] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s. 191(2) of the Act, the undertakings are taken to be terms of the Agreement.

[4] Clause 8.3 of the Agreement purports to require that the Commission hear and determine any dispute dealing with significant change within 14 days. The Commission is not a party to the Agreement and in my view, to the extent that the Agreement seeks to impose binding obligations on it, the term is not about permitted matters for the purposes of s.172 of the Act. Whilst this does not prevent approval of the Agreement, in accordance with s.253 clause 8.3 has no effect to that extent.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the MUA and that the Agreement covers the organisation.

[7] The Agreement was lodged under s.182(4) of the Act in error. On 18 October 2017 the Applicant filed an amended Form F19, Form F20 and F21 and sought that its application be amended pursuant to s.586 of the Act. I am satisfied that the amendment should be made and that it is appropriate to do so in the manner sought, pursuant to s.586 of the Act.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2017. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

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Annexure A