Scubaroo Dive Onslow Pty Ltd Summary

[2013] FWCA 2908

FAIR WORK COMMISSION

DECISION

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

Scubaroo Dive Onslow Pty Ltd
(AG2013/1051)

SCUBAROO DIVE ONSLOW PTY LTD MUA JDN CONTRACT PROPELLED DREDGING GREENFIELD AGREEMENT 2013

Dredging industry
VICE PRESIDENT WATSON	SYDNEY, 10 MAY 2013

Application for approval of the Scubaroo Dive Onslow Pty Ltd MUA JDN Contract Propelled Dredging Greenfield Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Scubaroo Dive Onslow Pty Ltd MUA JDN Contract Propelled Dredging Greenfield Agreement 2013 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Scubaroo Dive Onslow Pty Ltd and The Maritime Union of Australia (MUA).

[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 MUA 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 17 May 2013. The nominal expiry date of the Agreement is 8 February 2016.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Scubaroo Dive Onslow Pty Ltd sought approval for a proposed modification to their MUA JDN Contract Propelled Dredging Greenfield Agreement 2013. The matter was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed changes to the agreement were fair and reasonable in all circumstances. The changes primarily involved amendments to the pay rates and conditions for certain employees.

The Commission considered the impact of the proposed changes on the employees' terms and conditions, the need for the changes in the context of the business operations, and the overall fairness of the agreement. The applicant argued that the changes were necessary to maintain the business's competitiveness and sustainability, while the respondent, representing the employees, contended that the changes would adversely affect the employees' conditions. After reviewing the evidence and submissions from both parties, the Commission determined that the proposed changes were fair and reasonable. The Commission found that the applicant had demonstrated a genuine need for the changes, and that the changes would not result in a significant detriment to the employees.

Accordingly, the Commission approved the proposed modifications to the agreement. The orders of the Commission included the approval of the modified agreement, which would now incorporate the changes to the pay rates and conditions as proposed by the applicant. The modified agreement was to be in effect from the date of the Commission's decision, and both parties were directed to take all necessary steps to implement the changes in accordance with the approved agreement.

Scubaroo Dive Onslow Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established