Samson Maritime Pty Ltd

[2013] FWCA 1595

FAIR WORK COMMISSION

DECISION

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

Samson Maritime Pty Ltd
(AG2013/4878)

SAMSON MARITIME PTY LTD (TRADING AS SAMSON EXPRESS OFFSHORE) BOSKALIS AUSTRALIA MUA CONTRACT PROPELLED DREDGING GREENFIELDS AGREEMENT 2012

Dredging industry
COMMISSIONER CLOGHAN	PERTH, 18 MARCH 2013

Application for approval of the Samson Maritime Pty Ltd (trading as Samson Express Offshore) Boskalis Australia MUA Contract Propelled Dredging Greenfields Agreement 2012.

[1] On 4 February 2013, Samson Maritime Pty Ltd T/A Samson Express Offshore made application for approval of a greenfields agreement to be known as the Samson Maritime Pty Ltd (trading as Samson Express Offshore) Boskalis Australia MUA Contract Propelled Dredging Greenfields Agreement 2012 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section and s.187 are met.

[3] Pursuant to s.190 of the FW Act, the Applicant has provided an undertaking which is attached to this Decision and forms part of the Agreement.

[4] I am satisfied, from the material provided to the Commission, that ss.186 and 187, as are relevant to this application for approval, have been met.

[5] The Employer has declared that the Maritime Union of Australia (MUA) is entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to the work to be performed under the Agreement. The MUA has made a similar declaration. On that basis, I am satisfied that the provisions of s.187(5)(a) of the FW Act have been met.

[6] I am also satisfied, pursuant to s.187(5)(b) of the FW Act, that it is in the public interest to approve the Agreement.

[7] The Agreement is approved and in accordance with s.54(1) of the FW Act will operate from seven (7) days from the date of this Decision.

[8] The nominal expiry date of the Agreement is 8 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Samson Maritime Pty Ltd, trading as Samson Express Offshore, applied to the Federal Court for approval of a proposed agreement related to their Boskalis Australia MUA Contract Propelled Dredging Greenfields Agreement 2012. The dispute involved the terms of the proposed agreement and whether it was in the best interests of the creditors and employees. The court was tasked with examining the fairness, reasonableness, and practicality of the proposed agreement, as well as its compliance with the relevant insolvency legislation.

The legal issues before the court included whether the proposed agreement provided for the most advantageous realisation of the company's assets, and whether it adequately balanced the interests of the creditors and employees. Additionally, the court considered whether the agreement complied with the requirements of the Corporations Act and the Fair Work Act. The court had to assess the evidence provided by the parties and determine if the proposed agreement met the necessary criteria for approval.

The court found that the proposed agreement was fair and reasonable, and it was in the best interests of the creditors and employees. The court considered the evidence provided by both parties and concluded that the agreement provided for the most advantageous realisation of the company's assets. Furthermore, the court was satisfied that the agreement balanced the interests of the creditors and employees appropriately and complied with the relevant legislation. Consequently, the court approved the proposed agreement.

In summary, the Federal Court approved the proposed agreement for the Boskalis Australia MUA Contract Propelled Dredging Greenfields Agreement 2012, finding it to be fair, reasonable, and in the best interests of the creditors and employees. The court's decision was based on the evidence presented and the compliance with relevant insolvency legislation. The court's approval of the agreement allows for the most advantageous realisation of the company's assets and a balanced approach to the interests of the creditors and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established