DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Atlas Programmed Marine (Australia) Pty Ltd T/A Atlas Professionals
(AG2021/5521)

ATLAS PROGRAMMED MARINE PTY LTD AND MUA OFFSHORE OIL AND GAS ENTERPRISE AGREEMENT 2020

Oil and gas industry
COMMISSIONER PLATT	ADELAIDE, 16 JUNE 2021

Application for approval of the Atlas Programmed Marine Pty Ltd and MUA Offshore Oil and Gas Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Atlas Programmed Marine Pty Ltd and MUA Offshore Oil and Gas Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Atlas Programmed Marine (Australia) Pty Ltd T/A Atlas Professionals (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 15 June 2021 and was determined on the papers.

[3] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), 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) of the Act I note that the Agreement covers this organisation.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 days after the date of approval of the Agreement. The nominal expiry date is 10 October 2022.

COMMISSIONER

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CaseChat Overview and Summary

Atlas Programmed Marine (Australia) Pty Ltd, trading as Atlas Professionals, applied to the Fair Work Commission (FWC) for the approval of the Atlas Programmed Marine Pty Ltd and MUA Offshore Oil and Gas Enterprise Agreement 2020. The application followed the conclusion of negotiations between the employer and the Maritime Union of Australia (MUA), which represented the employees. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically addressing the terms of the agreement, the bargaining process, and compliance with statutory requirements.

The primary legal issue before the FWC was whether the proposed enterprise agreement contained terms that adequately protected the interests of the employees, as well as whether the bargaining process was genuine and in good faith. The FWC needed to assess if the agreement was made without coercion, duress, or discrimination and if it provided a fair and reasonable basis for resolving employment issues. Additionally, the FWC had to determine if the agreement contained all the mandatory terms prescribed by the Fair Work Act and whether the agreement provided for a fair and efficient resolution of workplace issues.

In its decision, the FWC carefully examined the terms of the proposed agreement, the evidence of the bargaining process, and the statutory requirements. The FWC found that the agreement was made in good faith and without coercion, duress, or discrimination. It also concluded that the agreement contained all the mandatory terms prescribed by the Fair Work Act and provided for a fair and efficient resolution of workplace issues. Therefore, the FWC approved the Atlas Programmed Marine Pty Ltd and MUA Offshore Oil and Gas Enterprise Agreement 2020. The final orders included the formal approval of the agreement, effective from the date of the decision.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established