Atlas Programmed Marine (Australia) Pty Ltd

[2021] FWCA 122

[2021] FWCA 122

FAIR WORK COMMISSION

DECISION

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

Atlas Programmed Marine (Australia) Pty Ltd
(AG2020/3758)

ATLAS PROGRAMMED MARINE (AUSTRALIA) PTY LTD - WESTERN AUSTRALIA AND NORTHERN TERRITORY OFFSHORE CONSTRUCTION PROJECTS GREENFIELDS AGREEMENT 2020 - 2024

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 12 JANUARY 2021

Application for approval of the Atlas Programmed Marine (Australia) Pty Ltd - Western Australia and Northern Territory Offshore Construction Projects Greenfields Agreement 2020 - 2024.

[1] Atlas Programmed Marine (Australia) Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Atlas Programmed Marine (Australia) Pty Ltd - Western Australia and Northern Territory Offshore Construction Projects Greenfields Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

[2] The Commission raised certain concerns regarding the Agreement with the Employer, and as a result, written undertakings were provided by the Employer. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) and The Australian Workers’ Union (the AWU) regarding the undertakings, allowing a period of two business days to provide any views. I did not receive any correspondence from the AMWU, the CEPU or the AWU regarding the undertakings.

[3] This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

[4] Subject to the undertakings, I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU, the CEPU and the AWU are 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.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU, the CEPU and the AWU and that the Agreement covers them.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2021. The nominal expiry date of the Agreement is 16 August 2024.

COMMISSIONER

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<AE510071  PR726102>

Annexure A: