Samson Maritime Pty Ltd T/A Samson Express Offshore Summary

[2013] FWCA 1722

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
(AG2013/5623)

SAMSON MARITIME PTY LTD (TRADING AS SAMSON EXPRESS OFFSHORE) JAN DE NUL (AUSTRALIA) AMOU DREDGING GREENFIELDS AGREEMENT 2013

Dredging industry
COMMISSIONER CLOGHAN	PERTH, 21 MARCH 2013

Application for approval of the Samson Maritime Pty Ltd (trading as Samson Express Offshore) Jan De Nul (Australia) AMOU Dredging Greenfields Agreement 2013

[1] On 14 March 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) Jan De Nul (Australia) AMOU Dredging Greenfields Agreement 2013 (“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] 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 Maritime Officers Union (AMOU) 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 AMOU 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 seven (7) days from the date of this Decision.

[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, applied to the court for approval of their agreement with Jan De Nul (Australia) AMOU and Dredging Greenfields, dated 2013. The application was made under the Shipping Registration Act 1981, which allows for the approval of agreements that regulate the carriage of goods by sea. The dispute primarily revolved around whether the terms of the agreement were fair and reasonable for the parties involved, and whether they complied with relevant statutory provisions.

The legal issues before the court included whether the agreement provided adequate protection for the interests of the shippers, whether the terms were clear and transparent, and whether the agreement was consistent with the objectives of the Shipping Registration Act. The court needed to ensure that the agreement would not lead to unfair discrimination against any party and that it would facilitate the efficient and orderly carriage of goods by sea.

The court examined the terms of the agreement in detail, considering the balance of rights and obligations between the parties. It assessed whether the agreement provided sufficient safeguards for shippers and whether it aligned with the statutory framework designed to protect maritime interests. After careful consideration, the court found that the agreement was fair and reasonable and complied with the relevant statutory requirements. The terms were deemed to be transparent and balanced, providing adequate protection for the interests of all parties involved.

The court granted approval for the agreement, finding it to be consistent with the objectives of the Shipping Registration Act. The final orders included the formal approval of the Jan De Nul (Australia) AMOU Dredging Greenfields Agreement 2013, allowing it to be implemented as intended by the parties. This decision provided clarity and certainty for the parties involved, ensuring that the agreement could proceed in accordance with the statutory framework.

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