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

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Atlas Programmed Marine (Australia) Pty Ltd, sought approval for a Greenfields Agreement covering the Western Australia and Northern Territory Offshore Construction Projects. The applicant is a company involved in the maritime and construction industries, while the respondents are trade unions representing the workforce. The dispute centred on the terms and conditions of employment that would apply under the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements set out in the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, if it was free from coercion and undue influence, and whether it complied with the provisions of the Fair Work Act. Additionally, the Commission needed to consider whether the agreement was in the best interests of the employees, particularly focusing on the balance between flexibility and security. The unions argued that the proposed agreement did not adequately protect employee rights and did not provide sufficient job security.

The Commission found that the proposed agreement did meet the statutory requirements for approval. It determined that the agreement provided for fair and reasonable terms and conditions, was free from coercion and undue influence, and complied with the Fair Work Act. The Commission also concluded that the agreement was in the best interests of the employees, as it offered a fair balance between flexibility and job security. The Commission was satisfied that the agreement addressed the needs of both the employer and the employees, providing a workable framework for future employment relations.

The Fair Work Commission approved the Atlas Programmed Marine (Australia) Pty Ltd - Western Australia and Northern Territory Offshore Construction Projects Greenfields Agreement 2020 - 2024, subject to the terms and conditions set out in the decision. The approval was based on the finding that the agreement met the necessary legal standards and was beneficial to the employees.

Atlas Programmed Marine (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established