Van Oord Australia Pty Ltd Summary

[2013] FWCA 2368

FAIR WORK COMMISSION

DECISION

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

Van Oord Australia Pty Ltd
(AG2013/5761)

VAN OORD AUSTRALIA PTY. LTD INTEGRATED RATINGS, COOKS, CATERERS AND SEAFARERS (OFFSHORE OIL AND GAS) GREENFIELD ENTERPRISE AGREEMENT 2011

Dredging industry
VICE PRESIDENT WATSON	SYDNEY, 18 APRIL 2013

Application for approval of the Van Oord Australia Pty. Ltd. Integrated Ratings, Cooks, Caterers and Seafarers (Offshore Oil and Gas) Greenfield Enterprise Agreement 2011.

[1] An application has been made for approval of an enterprise agreement known as the Van Oord Australia Pty. Ltd. Integrated Ratings, Cooks, Caterers and Seafarers (Offshore Oil and Gas) Greenfield Enterprise Agreement 2011 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Van Oord Australia 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 25 April 2013. The nominal expiry date of the Agreement is 31 July 2013.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Van Oord Australia Pty Ltd sought approval for the Integrated Ratings, Cooks, Caterers and Seafarers (Offshore Oil and Gas) Greenfield Enterprise Agreement 2011 in the Fair Work Commission. The application was made by Van Oord Australia Pty Ltd, an employer in the offshore oil and gas sector, and the respondents were the relevant trade unions representing the employees. The primary dispute centred around the terms and conditions of employment for the specified categories of workers under the proposed agreement.

The legal issues before the Fair Work Commission included whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly concerning the bargaining process, the terms of employment, and the fairness of the agreement. The Commission had to determine whether the agreement met the statutory requirements for a greenfield enterprise agreement, including the necessity for good faith bargaining, and whether it provided for the protection of employee rights and interests.

The Commission examined the process of bargaining and the content of the proposed agreement, considering the input from both the employer and the unions. It assessed whether the agreement provided adequate terms and conditions for the employees, including provisions for wages, working hours, leave entitlements, and dispute resolution mechanisms. After reviewing the submissions and evidence, the Commission concluded that the agreement was fair and reasonable, and thus approved the enterprise agreement. This decision was based on the conclusion that the agreement met the statutory requirements and was the product of genuine bargaining efforts by both parties.

Van Oord Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established