DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Van Oord Australia Pty Ltd
(AG2017/5119)

VAN OORD AUSTRALIA CONTRACT PROPELLED DREDGING AIMPE GREENFIELDS ENTERPRISE AGREEMENT 2017

Dredging industry
COMMISSIONER WILSON	MELBOURNE, 19 MARCH 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Van Oord Australia Contract Propelled Dredging AIMPE Greenfields 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Institute of Marine and Power Engineers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Van Oord Australia Pty Ltd recently applied to the Fair Work Commission for approval of a new enterprise agreement, the Van Oord Australia Contract Propelled Dredging AIMPE Greenfields Enterprise Agreement 2017. The application was contested by the Australian Maritime Officers’ Union, who raised concerns regarding the proposed changes to the existing agreement.

The legal issues before the Fair Work Commission involved the interpretation and application of the Fair Work Act 2009, particularly sections concerning the approval of enterprise agreements. Key concerns included whether the proposed agreement met the ‘better off overall test’ and whether it complied with the procedural requirements set forth in the Act.

The Commission found that the proposed agreement satisfied the better off overall test, as it provided for overall improvements in terms and conditions for the majority of employees. The Commission also determined that the procedural requirements of the Act had been adhered to, including the provision of relevant documents to employees and the opportunity for objections and discussions. Therefore, the application for approval was successful.

The Fair Work Commission approved the Van Oord Australia Contract Propelled Dredging AIMPE Greenfields Enterprise Agreement 2017, allowing it to take effect as of the agreed date. This decision confirmed the agreement's compliance with the statutory requirements and validated the improvements it proposed for the employees involved.

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