Application by Programmed Offshore Pty Ltd

[2024] FWCA 4407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 210—Enterprise agreement

Application by Programmed Offshore Pty Ltd

(AG2024/3977)

ATLAS PROGRAMMED MARINE PTY LTD AND AIMPE MARINE ENGINEERS MARITIME OFFSHORE OIL AND GAS INDUSTRY ENTERPRISE AGREEMENT 2023

Oil and gas industry
COMMISSIONER LIM	PERTH, 13 DECEMBER 2024

Application for variation of the Atlas Programmed Marine Pty Ltd and AIMPE Marine Engineers Maritime Offshore Oil and Gas Industry Enterprise Agreement 2023

Programmed Offshore Pty Ltd (the Applicant) has made an application for the approval of a variation to Atlas Programmed Marine Pty Ltd and AIMPE Marine Engineers Maritime Offshore Oil and Gas Industry Enterprise Agreement 2023 (the Agreement). The application was made under s 210 of the Fair Work Act 2009 (Cth) (the Act). The decision to approve the Agreement was [2023] FWCA 4169.

The application seeks to vary various clauses of the Agreement. The proposed variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss 210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s 216 of the Act, the variation operates from 13 December 2024.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

ANNEXURE A

[END OF ANNEXURE A]

CaseChat Overview and Summary

Programmed Offshore Pty Ltd applied for a variation to the Atlas Programmed Marine Pty Ltd and AIMPE Marine Engineers Maritime Offshore Oil and Gas Industry Enterprise Agreement 2023, which was previously approved. The application was made under section 210 of the Fair Work Act 2009. The applicant sought to modify various clauses of the existing agreement, and the proposed changes are detailed in Annexure A of the decision. The dispute before the Fair Work Commission was whether the application met the legal requirements for a variation of the enterprise agreement under the Fair Work Act.

The legal issues that the Commission needed to address included whether the application complied with the statutory provisions under section 210 of the Act, and whether the proposed changes met the criteria for approval as stipulated in sections 210 and 211 of the Act. The Commission examined the application and the proposed variations to determine if they adhered to the legislative framework and if the changes were in the interests of the employees covered by the agreement.

The Fair Work Commission found that the application satisfied the requirements set out in sections 210 and 211 of the Act. The Commission was satisfied that the application process was correctly followed and that the proposed changes were appropriate. Consequently, the Commission approved the variation, and the updated version of the agreement, incorporating the changes, is attached to the decision. According to section 216 of the Act, the variation became effective from 13 December 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established