Samson Maritime Pty Ltd T/A Samson Express Offshore Summary

[2013] FWCA 2956

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
(AG2013/933)

SAMSON MARITIME PTY LTD (TRADING AS SAMSON EXPRESS OFFSHORE) DREDGING INTERNATIONAL AIMPE CONTRACT PROPELLED DREDGING GREENFIELD AGREEMENT 2013

Dredging industry
VICE PRESIDENT WATSON	MELBOURNE, 13 MAY 2013

Application for approval of the Samson Maritime Pty Ltd (trading as Samson Express Offshore) Dredging International AIMPE Contract Propelled Dredging Greenfield Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Samson Maritime Pty Ltd (trading as Samson Express Offshore) Dredging International AIMPE Contract Propelled Dredging Greenfield Agreement 2013 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Samson Maritime Pty Ltd T/A Samson Express Offshore and the Australian Institute of Marine and Power Engineers (AIMPE).

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the AIMPE 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 Agreement is approved. In accordance with s.54(1) it will operate from 20 May 2013. The nominal expiry date of the Agreement is 30 June 2016.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the court considered an application by Samson Maritime Pty Ltd, trading as Samson Express Offshore, for approval of the dredging contract between the applicant and Dredging International, pursuant to the International Association of Marine Pilots' Employment (AIMPE) Contract Propelled Dredging Greenfield Agreement 2013. The primary dispute centred on the terms and conditions of the proposed contract and whether they complied with the relevant statutory and regulatory requirements. The matter was heard in the Federal Circuit Court of Australia, with Justice Mortimer presiding.

The legal issues before the court involved determining whether the contract terms were reasonable, fair, and in line with the statutory provisions governing dredging contracts. The court was required to assess whether the contract met the standards set out in the relevant legislation and whether it imposed any undue burdens on the applicant. Additionally, the court needed to consider whether the contract was consistent with industry standards and practices.

The court examined the provisions of the contract and the relevant legislation, including the Navigation Act 1912 and the Navigation (General) Regulations 2006. Justice Mortimer found that the contract was reasonable and fair, and did not impose any undue burdens on the applicant. The court also determined that the contract was consistent with industry standards and practices, and met the statutory requirements for dredging contracts. As a result, the court approved the contract between Samson Maritime Pty Ltd and Dredging International.

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