DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AMC Search Ltd
(AG2019/414)

A.M.C. SEARCH LIMITED COLLECTIVE AGREEMENT, 2019

Maritime industry
COMMISSIONER MCKINNON	MELBOURNE, 31 MAY 2019

Application for approval of the A.M.C. Search Limited Collective Agreement, 2019.

[1] Application has been made for approval of a single enterprise agreement known as the A.M.C. Search Limited Collective Agreement, 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by AMC Search Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] The Agreement only contemplates full-time and part-time employment and does not cover casual employees. Having regard to the consent submissions of the parties, I am satisfied that the employees covered by the Agreement are fairly chosen within the meaning of s.186(3) of the Act.

[4] With to the undertakings referred to above, I am also satisfied that each of the other requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2019. The nominal expiry date of the Agreement is 30 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involves an application for the approval of the AMC Search Limited Collective Agreement, 2019. The applicant, AMC Search Limited, sought to have the agreement recognised as a registered instrument under the Fair Work Act 2009. The respondent, the Australian Services Union, did not oppose the application. The Fair Work Commission was tasked with considering the application and determining whether the agreement met the legal criteria for registration.

The primary legal issue before the Commission was whether the collective agreement satisfied all the statutory requirements for registration. Specifically, the Commission had to consider if the agreement contained provisions that complied with the Fair Work Act, including provisions for the protection of employees' rights and the establishment of a bargaining structure. The Commission also needed to assess whether the agreement was the result of genuine collective bargaining and if it provided for the fair and efficient resolution of workplace issues.

In delivering its decision, the Commission noted that the application for approval was unopposed and that the agreement appeared to meet the legislative requirements. The Commission emphasised the importance of ensuring that employees' rights were protected and that the agreement facilitated a constructive and fair workplace environment. The Commission concluded that the agreement complied with the statutory criteria and was a genuine product of collective bargaining. Consequently, the Commission approved the application and registered the AMC Search Limited Collective Agreement, 2019, as a certified agreement under the Fair Work Act.

The Commission's final orders included the registration of the AMC Search Limited Collective Agreement, 2019, as a certified agreement. The agreement is now recognised as a binding instrument between AMC Search Limited and the Australian Services Union, and it will govern the employment conditions of the employees covered by the agreement. The decision underscores the importance of ensuring that collective agreements meet the legal requirements for registration and reflect the principles of fair and genuine collective bargaining.

AMC Search Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established