DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Van Oord Australia Pty Ltd
(AG2017/4862)

VAN OORD AUSTRALIA CONTRACT PROPELLED DREDGING MUA ENTERPRISE AGREEMENT 2017

Dredging industry
COMMISSIONER WILSON	MELBOURNE, 13 MARCH 2018

Application for approval of the Van Oord Australia Contract Propelled Dredging MUA Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Van Oord Australia Contract Propelled Dredging MUA Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Van Oord Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Maritime Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

AE427595 PR601102>

CaseChat Overview and Summary

In the Fair Work Commission, Van Oord Australia Pty Ltd applied for the approval of the Van Oord Australia Contract Propelled Dredging MUA Enterprise Agreement 2017. The dispute arose between the applicant, a dredging company, and the Maritime Union of Australia, representing the employees. The agreement in question concerns the terms and conditions of employment for the employees working in the contract propelled dredging sector.

The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements of a protected action under the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission had to determine if the agreement was fair and reasonable, and if it provided for minimum entitlements and conditions that were no less favourable than those provided by the applicable awards or the national system.

The Commission found that the agreement was fair and reasonable, and that it provided for minimum entitlements and conditions that were no less favourable than those provided by the applicable awards or the national system. The Commission noted that the agreement provided for a comprehensive set of terms and conditions, including provisions on wages, hours of work, leave, and dispute resolution. The Commission was satisfied that the agreement had been negotiated in good faith and that it met the requirements of a protected action. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Van Oord Australia Contract Propelled Dredging MUA Enterprise Agreement 2017, finding that it was fair and reasonable and provided for minimum entitlements and conditions that were no less favourable than those provided by the applicable awards or the national system. The agreement is now registered and will apply to the employees covered by the agreement.

Van Oord Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established