Atlas Programmed Marine Pty Ltd T/A Atlas Professionals

[2024] FWCA 514

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Atlas Programmed Marine Pty Ltd T/A Atlas Professionals

(AG2024/184)

ATLAS PROGRAMMED MARINE PTY LTD DECOMMISSIONING GREENFIELDS ENTERPRISE AGREEMENT 2023

Oil and gas industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 6 FEBRUARY 2024

Application for approval of the Atlas Programmed Marine Pty Ltd Decommissioning Greenfields Enterprise Agreement 2023

An application has been made for approval of a greenfields agreement known as the Atlas Programmed Marine Pty Ltd Decommissioning Greenfields Enterprise Agreement 2023 (the Agreement). The application was made by Atlas Programmed Marine Pty Ltd T/A Atlas Professionals (the Applicant) 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 Australian Workers’ Union (the AWU) 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.

The Applicant has provided a written undertaking, a copy of which is attached in Annexure A. In accordance with s 191 of the Act, the undertaking is taken to be a term of the Agreement.

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

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 13 February 2024. The nominal expiry date of the Agreement is 22 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, Atlas Programmed Marine Pty Ltd, trading as Atlas Professionals, sought the approval of the Decommissioning Greenfields Enterprise Agreement 2023 from the Fair Work Commission. The application was brought before the Commission to determine if the proposed agreement met the necessary requirements under the Fair Work Act 2009 for fair and effective workplace relations.

The primary legal issue the Commission had to address was whether the agreement provided for the terms and conditions of employment in a manner that complied with the provisions of the Fair Work Act, including whether it was a "better off overall test" compliant agreement. The Commission also had to ensure that the agreement did not unfairly disadvantage any employee or group of employees and that it contained provisions for the protection of vulnerable employees.

In making its decision, the Fair Work Commission carefully examined the contents of the proposed agreement. The Commission found that the agreement was comprehensive in its coverage of employment terms and conditions, and it satisfied the better off overall test. The Commission was satisfied that the agreement did not disadvantage any employees and included provisions that protected vulnerable workers. The Commission concluded that the agreement met all necessary statutory requirements and approved the proposed Decommissioning Greenfields Enterprise Agreement 2023.

The Commission made an order approving the Decommissioning Greenfields Enterprise Agreement 2023, effective from the date specified in the agreement, and set out the terms of its approval. The agreement now serves as the basis for the employment conditions of the employees covered by the agreement, providing a framework for fair and effective workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established