Samson Maritime Pty Ltd Summary

[2013] FWCA 1600

FAIR WORK COMMISSION

DECISION

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

Samson Maritime Pty Ltd
(AG2013/4881)

SAMSON MARITIME PTY LTD (TRADING AS SAMSON EXPRESS OFFSHORE) VAN OORD AUSTRALIA PTY LTD CONTRACT PROPELLED DREDGING MUA 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) Van Oord Australia Pty Ltd Contract Propelled Dredging MUA 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) Van Oord Australia Pty Ltd Contract Propelled Dredging MUA 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 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

Samson Maritime Pty Ltd applied for approval of a contract with Van Oord Australia Pty Ltd for propelled dredging services under the Maritime Union of Australia Greenfields Agreement 2012. The matter was heard in the Fair Work Commission, where the central issue was whether the contract terms were fair and reasonable and if the contract was in the best interests of the employees affected by it. The applicant argued that the contract would provide the necessary funding for ongoing operations and job security for employees, while the Maritime Union of Australia contested the fairness and reasonableness of certain terms, arguing they were detrimental to the employees.

The Commission considered the fairness and reasonableness of the contract terms and their impact on the employees. It examined the necessity of the contract for the financial viability of the business and job security for the employees, as well as the balance of benefits and detriments to the employees. The Commission also assessed whether the contract terms were consistent with the principles of the relevant industrial instrument and whether they provided adequate protections for the employees. After careful consideration, the Commission concluded that the contract terms were fair and reasonable and that the contract was in the best interests of the employees.

The Fair Work Commission approved the contract between Samson Maritime Pty Ltd and Van Oord Australia Pty Ltd for propelled dredging services under the Maritime Union of Australia Greenfields Agreement 2012. The Commission found that the contract terms were fair and reasonable, and that the contract was in the best interests of the employees affected by it. The approval was granted on the condition that the contract terms be implemented in a manner that is consistent with the principles of the relevant industrial instrument and that provides adequate protections for the employees. This decision ensures that the contract will proceed as planned, providing the necessary funding for ongoing operations and job security for the employees.

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