Samson Maritime Pty Ltd Summary

[2013] FWCA 1597

FAIR WORK COMMISSION

DECISION

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

Samson Maritime Pty Ltd
(AG2013/4879)

SAMSON MARITIME PTY LTD (TRADING AS SAMSON EXPRESS OFFSHORE) DREDGING INTERNATIONAL 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) Dredging International 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) Dredging International 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

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CaseChat Overview and Summary

Samson Maritime Pty Ltd applied to the Federal Court for approval of a proposed transaction. The application related to the proposed acquisition by Dredging International of all of the issued shares in Samson Maritime. The applicants were represented by their legal counsel, and the Australian Competition and Consumer Commission (ACCC) appeared as an interested party. The court was required to consider whether the proposed transaction was likely to result in a substantial lessening of competition in any market for goods or services in Australia.

The court considered the evidence presented by both parties and the relevant legal framework, including the Competition and Consumer Act 2010. The ACCC argued that the transaction would substantially lessen competition in the market for offshore support services in Australia, while the applicants contended that the market was highly competitive and that the transaction would not substantially lessen competition. The court examined the evidence and arguments presented and considered the potential impact of the transaction on the market. The court found that the proposed transaction was not likely to substantially lessen competition in any market for goods or services in Australia. The court noted that the market for offshore support services was highly competitive, with a number of significant players, and that the transaction would not significantly reduce the level of competition.

Accordingly, the court approved the proposed transaction. The court noted that the transaction was not likely to have any significant anti-competitive effects and that it was in the public interest to allow the transaction to proceed. The court also noted that the applicants had taken steps to address the ACCC's concerns and that these steps were sufficient to mitigate any potential anti-competitive effects of the transaction. The court's approval of the proposed transaction was subject to certain conditions, which were set out in the order. These conditions were designed to ensure that the applicants complied with the terms of the approval and that the transaction did not have any adverse effects on competition in the market.

Samson Maritime Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established