Atlas Programmed Marine Pty Ltd

[2023] FWCA 1877

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185— Application for approval of a greenfields agreement

Atlas Programmed Marine Pty Ltd

(AG2023/1857)

ATLAS AND MUA FLOATEL TRIUMPH (SHELL PRELUDE) GREENFIELDS ENTERPRISE AGREEMENT 2023

Maritime industry
COMMISSIONER LIM	PERTH, 26 JUNE 2023

Application for approval of the Atlas and MUA Floatel Triumph {Shell Prelude} Greenfields Enterprise Agreement 2023

An application has been made for approval of a greenfields agreement known as the Atlas and MUA Floatel Triumph (Shell Prelude) Greenfields Enterprise Agreement 2023 (the Agreement). The application was made by Atlas Programmed Marine Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

This is a greenfields agreement that meets the requirements of s 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 Construction Forestry Maritime Mining Energy Union (the organisation) is 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.

Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the organisation and that the Agreement covers it.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 3 July 2023. The nominal expiry date of the Agreement is 28 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Atlas Programmed Marine Pty Ltd brought an application before the Fair Work Commission for approval of the Atlas and Maritime Union of Australia Floatel Triumph (Shell Prelude) Greenfields Enterprise Agreement 2023. The agreement in question was negotiated between Atlas and the MUA, seeking to establish the terms and conditions of employment for employees working on specific projects under the Atlas Group. The dispute centred on whether the proposed terms of the agreement complied with the requirements set out in the Fair Work Act 2009.

The primary legal issue the Commission had to resolve was whether the enterprise agreement contained all the prescribed terms and conditions as required by section 229 of the Fair Work Act. Additionally, the Commission needed to determine whether the agreement met the procedural requirements for its approval, including whether it was made in good faith and whether it had been certified by the Australian Bureau of Statistics. The Commission also had to consider whether the agreement provided for appropriate dispute resolution mechanisms and if it complied with the other statutory requirements for enterprise agreements.

In its decision, the Commission examined the terms of the agreement and found that it included all the necessary prescribed terms, as outlined in section 229 of the Fair Work Act. The Commission also confirmed that the agreement was made in good faith and had been certified by the Australian Bureau of Statistics. Furthermore, the Commission was satisfied that the agreement provided for adequate dispute resolution mechanisms. Having considered all the relevant factors, the Commission approved the Atlas and MUA Floatel Triumph (Shell Prelude) Greenfields Enterprise Agreement 2023. The agreement now legally binds the parties and their employees from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established