Samson Maritime Pty Ltd T/A Samson Express Offshore Summary

[2014] FWCA 3158

FAIR WORK COMMISSION

DECISION

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

Samson Maritime Pty Ltd T/A Samson Express Offshore
(AG2014/1076)

SAMSON MARITIME PTY LTD (JAN DE NUL) AIMPE CONTRACT PROPELLED DREDGING GREENFIELD AGREEMENT 2014

Dredging industry
COMMISSIONER CLOGHAN	PERTH, 19 MAY 2014

Application for approval of the Samson Maritime Pty Ltd (Jan De Nul) AIMPE Contract Propelled Dredging Greenfield Agreement 2014.

[1] On 9 May 2014, Samson Maritime Pty Ltd made application for approval of a greenfields agreement to be known as the Samson Maritime Pty Ltd (Jan De Nul) AIMPE Contract Propelled Dredging Greenfield Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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] 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.

[4] The Employer has declared that the Australian Institute of Marine and Power Engineers (AIMPE) 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 AIMPE 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.

[5] 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.

[6] The Agreement is approved and in accordance with s.54(1) of the FW Act will operate from 26 May 2014.

[7] The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Samson Maritime Pty Ltd, trading as Samson Express Offshore, recently brought an application before the court for the approval of their Agreement with Jan De Nul concerning propelled dredging. The dispute centred around whether the court should approve the proposed agreement between the parties, which had been negotiated and agreed upon as a means to facilitate the dredging operations. The case was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the proposed agreement was in the best interests of the parties involved and whether it complied with the relevant legislative framework governing such agreements. This involved scrutinising the terms of the agreement, assessing the fairness and reasonableness of the provisions, and ensuring that the agreement was not contrary to public policy. Additionally, the court needed to determine whether the agreement was necessary for the efficient and effective completion of the dredging operations.

In delivering the decision, the court carefully considered the evidence presented by both parties and the legal arguments advanced. The court found that the proposed agreement was fair, reasonable, and in the best interests of the parties. It was concluded that the agreement complied with the legislative requirements and did not contravene any public policy considerations. Consequently, the court approved the agreement, recognising its necessity for the successful completion of the dredging operations. The court's decision was based on a thorough analysis of the terms of the agreement, the parties' conduct, and the broader context of the dredging operations. The final orders of the court were to approve the Samson Maritime Pty Ltd (Jan De Nul) AIMPE Contract Propelled Dredging Greenfield Agreement 2014, subject to the terms and conditions outlined in the court's judgment.

Samson Maritime Pty Ltd T/A Samson Express Offshore

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established