Atlas Programmed Marine Pty Ltd
[2023] FWCA 2257
•20 JULY 2023
| [2023] FWCA 2257 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Atlas Programmed Marine Pty Ltd
(AG2023/2195)
ATLAS FLOATEL TRIUMPH (SHELL PRELUDE) AIMPE ENGINEERS OFFICERS GREENFIELDS ENTERPRISE AGREEMENT 2023
| Maritime industry | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 20 JULY 2023 |
Application for approval of the Atlas Floatel Triumph (Shell Prelude) AIMPE Engineers Officers Greenfields Enterprise Agreement 2023.
Atlas Programmed Marine Pty Ltd (the Employer) has made an application for the approval of the Atlas Floatel Triumph (Shell Prelude) AIMPE Engineers Officers Greenfields Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise greenfields agreement.
This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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 Australian Institute of Marine and Power Engineers (AIMPE) 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.
The Employer has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.
I note that Clause 12.1(d) is potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Pursuant to s.201(2A) of the Act I note the Agreement was made with AIMPE and that the Agreement covers AIMPE.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2023. The nominal expiry date of the Agreement is 28 May 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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