Van Oord Australia Pty Ltd

[2013] FWCA 8181

[2013] FWCA 8181

FAIR WORK COMMISSION

DECISION

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

Van Oord Australia Pty Ltd
(AG2013/2975)

VAN OORD AUSTRALIA CONTRACT DREDGING (NON-PROPELLED DREDGES AIMPE ENTERPRISE AGREEMENT 2011

Dredging industry
COMMISSIONER CAMBRIDGE	SYDNEY, 18 OCTOBER 2013

Application for approval of the Van Oord Australia Contract Dredging (Non-Propelled Dredges AIMPE Enterprise Agreement 2011.

[1] An application has been made for approval of an enterprise agreement known as the Van Oord Australia Contract Dredging (Non-Propelled Dredges AIMPE Enterprise Agreement 2011 (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 Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 20 September 2013. The application included a Statutory Declaration of Richard Kemps dated 20 September 2013 and made on behalf of the Employer (the Declaration). The Declaration stated that the Agreement was made on 9 September 2013. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] As a result of concerns that were raised about a particular terms of the Agreement further information has been provided by the Employer which included Undertakings dated 15 October 2013, made by and duly signed by the Employer, and proposed to the Commission pursuant to s.190 of the Act (the Undertakings). Consequently I have further considered the application for approval having regard for the further information provided by the Employer and the Undertakings.

[5] The application for approval was listed for Hearing in Chambers before the Commission on 18 October 2013. I note that the file has included a Statutory Declaration of Martin Byrne made on behalf of the Australian Institute of Marine and Power Engineers, (AIMPE), as an employee organisation in relation to the application.

[6] I note that the Agreement contains a flexibility term at clause 37 and a consultation term at clause 38.

[7] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[8] The AIMPE, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AMPIE.

[9] The Agreement as varied by the Undertakings is approved. In accordance with subsection 54 (1) of the Act it will operate from 25 October 2013. The nominal expiry date of the Agreement as specified in clause 6.1 of the Agreement, is 1 October 2015.

COMMISSIONER

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