| [2019] FWCA 1230 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Atlas Programmed Marine (Australia) Pty Ltd T/A Atlas Professionals
(AG2018/6108)
ATLAS PROGRAMMED MARINE (AUSTRALIA) PTY LTD DRILLING ENTERPRISE AGREEMENT 2018
Oil and gas industry | |
DEPUTY PRESIDENT MASSON | MELBOURNE, 25 FEBRUARY 2019 |
Application for approval of the Atlas Programmed Marine (Australia) Pty Ltd Drilling Enterprise Agreement 2018.
[1] An application has been made for approval of an enterprise agreement known as the Atlas Programmed Marine (Australia) Pty Ltd Drilling Enterprise Agreement 2018 (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 Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
[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 4 March 2019. The nominal expiry date of the Agreement is 31 January 2020.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE501982 PR705277>
Annexure A
- AGLC
- Atlas Programmed Marine (Australia) Pty Ltd T/A Atlas Professionals [2019] FWCA 1230
- Case
- [2019] FWCA 1230
- Decision Date
CaseChat Overview and Summary
The primary legal issues the Commission had to address were whether the proposed enterprise agreement provided fair and reasonable terms and conditions, and whether it complied with the procedural requirements outlined in the Fair Work Act. This included ensuring the agreement did not adversely affect employees' existing terms and conditions, and whether the process of agreement making was fair and proper. Additionally, the Commission considered whether there was genuine bargaining between the employer and employees and whether the agreement was made in good faith.
The Commission found that the application was valid and the agreement provided fair and reasonable terms and conditions for the employees. The Commission noted that the agreement was the result of genuine and good faith bargaining between the employer and the employees, and that the process followed complied with the requirements of the Act. The Commission also found that the agreement did not adversely affect the existing terms and conditions of the employees. Consequently, the Commission approved the Atlas Programmed Marine (Australia) Pty Ltd Drilling Enterprise Agreement 2018.
As a result of the Commission's decision, the agreement was approved and came into effect on the date of the decision. This meant that the terms and conditions outlined in the agreement were now binding on both the employer and the employees, providing a framework for the employment relationship moving forward. The decision also ensured that the employees would receive the benefits and protections stipulated in the approved agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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