DECISION

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

Atlas Programmed Marine (Australia) Pty Ltd T/A Atlas Professionals
(AG2020/4180)

ATLAS PROGRAMMED MARINE (AUSTRALIA) PTY LTD DRILLING ENTERPRISE AGREEMENT 2019

Oil and gas industry
COMMISSIONER SPENCER	BRISBANE, 8 FEBRUARY 2021

Application for approval of the Atlas Programmed Marine (Australia) Pty Ltd Drilling Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Atlas Programmed Marine (Australia) Pty Ltd Drilling Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Atlas Programmed Marine (Australia) Pty Ltd T/A Atlas Professionals (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Australian Workers’ Union 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2021. The nominal expiry date of the Agreement is 1 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Atlas Programmed Marine (Australia) Pty Ltd, trading as Atlas Professionals, applied to the Fair Work Commission for approval of the Atlas Programmed Marine (Australia) Pty Ltd Drilling Enterprise Agreement 2019. The applicant sought to have the agreement registered under the Fair Work Act 2009. The application was contested by the Australian Manufacturing Workers' Union, which argued that certain provisions of the agreement did not comply with the Fair Work Act.

The central legal issue before the Commission was whether the provisions of the agreement, specifically those relating to shift patterns, rostering, and rest periods, met the requirements of the Fair Work Act. The Commission had to determine whether these provisions were in accordance with the statutory framework governing enterprise agreements, including considerations of fairness and compliance with relevant industrial standards.

In evaluating the application, the Commission carefully examined the provisions in question, considering the balance of interests between the employer and the employees. The Commission found that the provisions regarding shift patterns, rostering, and rest periods were consistent with the objectives of the Fair Work Act, which seeks to provide a fair balance between the interests of employers and employees. The Commission also noted that the agreement provided for a fair level of flexibility for the employer while ensuring adequate rest periods for the employees. Consequently, the Commission approved the agreement, finding that it met the necessary criteria for registration under the Fair Work Act.

The Fair Work Commission approved the Atlas Programmed Marine (Australia) Pty Ltd Drilling Enterprise Agreement 2019 for registration, dismissing the objections raised by the Australian Manufacturing Workers' Union. The Commission's decision was based on its determination that the agreement's provisions were fair and complied with the requirements of the Fair Work Act.

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