Atlas Programmed Marine (Australia) Pty Ltd T/A Atlas Professionals

[2023] FWCA 2924

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Atlas Programmed Marine (Australia) Pty Ltd T/A Atlas Professionals

(AG2023/3031)

ATLAS PROGRAMMED MARINE (AUSTRALIA) PTY LTD CATERING ENTERPRISE AGREEMENT 2023

Oil and gas industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 SEPTEMBER 2023

Application for approval of the Atlas Programmed Marine (Australia) Pty Ltd Catering Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Atlas Programmed Marine (Australia) Pty Ltd Catering Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 27 August 2023.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 19 September 2023. The nominal expiry date of the Agreement is 11 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Atlas Programmed Marine (Australia) Pty Ltd T/A Atlas Professionals, the Fair Work Commission was asked to approve the Atlas Programmed Marine (Australia) Pty Ltd Catering Enterprise Agreement 2023. The application for approval was made by the employer, Atlas Programmed Marine, under section 233 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for the catering staff within the organisation, specifically focusing on the remuneration, working hours, and other employment benefits outlined in the proposed agreement.

The legal issues before the Commission were primarily whether the proposed agreement met the requirements for "better off overall" and "in the best interests of the employees" as stipulated by the Fair Work Act. Additionally, the Commission needed to assess whether the agreement provided a fair and reasonable outcome for both the employer and the employees, considering the current industrial climate and the specific needs of the catering industry.

The Fair Work Commission, after careful consideration of the submissions from both parties and the broader implications of the proposed agreement, found that the terms and conditions set out in the Atlas Programmed Marine (Australia) Pty Ltd Catering Enterprise Agreement 2023 were indeed fair and reasonable. The Commission concluded that the agreement was in the best interests of the employees and would result in them being better off overall. The detailed analysis included an assessment of the wage increases, the flexibility of working hours, and the additional benefits provided under the agreement. These factors collectively ensured that the agreement was balanced and beneficial for both parties.

The Fair Work Commission approved the Atlas Programmed Marine (Australia) Pty Ltd Catering Enterprise Agreement 2023, effective from the date of the decision. This approval ensures that the agreement will govern the employment conditions of the catering staff for the specified period, providing a stable framework for industrial relations within the organisation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established