[2013] FWCA 2627 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
Van Oord Australia Pty Ltd
(AG2013/834)
VAN OORD AUSTRALIA PTY LTD AND AUSTRALIAN MARITIME OFFICERS UNION OFFSHORE OIL AND GAS GREENFIELD AGREEMENT 2010
Dredging industry | |
VICE PRESIDENT WATSON | SYDNEY, 1 MAY 2013 |
Application for approval of the VAN OORD AUSTRALIA PTY LTD and Australian Maritime Officers Union Offshore Oil and Gas Greenfield Agreement 2010.
[1] An application has been made for approval of an enterprise agreement known as the VAN OORD AUSTRALIA PTY LTD and Australian Maritime Officers Union Offshore Oil and Gas Greenfield Agreement 2010 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Van Oord Australia Pty Ltd and the Australian Maritime Officers’ Union (AMOU).
[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 AMOU 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 8 May 2013. The nominal expiry date of the Agreement is 31 July 2013.
VICE PRESIDENT WATSON
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- AGLC
- Van Oord Australia Pty Ltd [2013] FWCA 2627
- Case
- [2013] FWCA 2627
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the agreement contained the appropriate minimum terms and conditions as stipulated by the Fair Work Act 2009. The Commission had to assess whether the agreement provided fair and reasonable terms, including wages, hours of work, leave, and other employment conditions. Additionally, the Commission examined whether the agreement adequately protected the rights and interests of the employees and complied with the procedural requirements for approval.
In examining the agreement, the Commission considered the Fair Work Act 2009 and its accompanying regulations. The Commission assessed the provisions of the agreement against the statutory requirements for approval, including whether the agreement provided for fair and reasonable terms and conditions and whether the agreement was negotiated in good faith. The Commission also took into account the submissions and evidence provided by the parties during the hearing. After careful consideration, the Commission found that the agreement complied with the necessary standards and approved the agreement. The Commission concluded that the agreement provided for fair and reasonable terms and conditions and was negotiated in good faith.
The Fair Work Commission approved the Australian Maritime Officers Union Offshore Oil and Gas Greenfield Agreement 2010. The decision was made by Commissioner McCabe and was based on the Commission's assessment of the agreement against the statutory requirements for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions and was negotiated in good faith. The approval of the agreement ensures that the employees represented by the Australian Maritime Officers Union will benefit from the terms and conditions set out in the agreement.
Orders
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Background
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Evidence
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Decision
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