Svitzer OSM Australia Pty Limited T/A Svitzer OSM Australia

[2014] FWCA 6704

FAIR WORK COMMISSION

DECISION

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

Svitzer OSM Australia Pty Limited T/A Svitzer OSM Australia
(AG2014/7452)

SVITZER - OSM AUSTRALIA PTY LTD MUA CONTRACT PROPELLED DREDGING ENTERPRISE AGREEMENT 2012

Dredging industry
COMMISSIONER HAMPTON	ADELAIDE, 24 SEPTEMBER 2014

Application for approval of the Svitzer - OSM Australia Pty Ltd MUA Contract Propelled Dredging Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Svitzer - OSM Australia Pty Ltd MUA Contract Propelled Dredging Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Svitzer OSM Australia Pty Limited T/A Svitzer OSM Australia and the Maritime Union of Australia. The Agreement is a Greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the MUA, which I note will be covered by the Agreement.

[3] 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 accordance with s.187(5)(a) of the Act, 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.

[4] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2014. The nominal expiry date of the Agreement is 8 February 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Svitzer OSM Australia Pty Limited, trading as Svitzer OSM Australia, applied for approval of the Svitzer - OSM Australia Pty Ltd MUA Contract Propelled Dredging Enterprise Agreement 2012. The matter was heard in the Fair Work Commission. The primary dispute centred on the validity and fairness of the enterprise agreement in question, with arguments presented by various stakeholders regarding its compliance with the relevant industrial laws and its implications for employees.

The central legal issues before the court involved whether the enterprise agreement had been negotiated fairly and whether it contained the necessary provisions required by the Fair Work Act 2009. It was also necessary to determine if the agreement had been appropriately certified and whether any procedural errors had occurred during the negotiation or approval process. The court had to consider submissions from both the applicant and other parties, including employee representatives, to ascertain if the agreement met all statutory requirements.

In its decision, the Fair Work Commission examined the process by which the enterprise agreement was negotiated and whether it adhered to the principles of good faith and procedural fairness. The court scrutinised the content of the agreement to ensure it included all mandated terms and conditions and did not disadvantage employees. After thorough deliberation, the Commission found that the agreement was negotiated fairly and met all legislative requirements, thus granting approval for its implementation.

The Fair Work Commission ordered that the Svitzer - OSM Australia Pty Ltd MUA Contract Propelled Dredging Enterprise Agreement 2012 be approved and registered. This decision allows the agreement to take effect as intended, governing the terms and conditions of employment for the relevant employees. The court's ruling ensures compliance with industrial laws and affirms the procedural integrity of the agreement's negotiation and approval process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established