DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Atlas Programmed Marine Pty Ltd T/A Atlas Professionals
(AG2019/1456)

ATLAS PROGRAMMED MARINE PTY LTD OFFSHORE OIL & GAS (MONTARA FPSO) ENTERPRISE AGREEMENT 2019

Oil and gas industry
COMMISSIONER CIRKOVIC	MELBOURNE, 29 MAY 2019

Application for approval of the Atlas Programmed Marine Pty Ltd Offshore Oil & Gas (Montara FPSO) Enterprise Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Atlas Programmed Marine Pty Ltd Offshore Oil & Gas (Montara FPSO) Enterprise Agreement 2019 (Agreement). The application was made by pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Atlas Programmed Marine Pty Ltd T/A Atlas Professionals.

[2] 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 Workers’ Union 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.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[4] The Agreement was approved on 29 May 2019 and, in accordance with s.54 of the Act, will operate from 5 June 2019. The nominal expiry date of the Agreement is 28 May 2023.

COMMISSIONER

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CaseChat Overview and Summary

Atlas Programmed Marine Pty Ltd T/A Atlas Professionals sought approval of the Atlas Programmed Marine Pty Ltd Offshore Oil & Gas (Montara FPSO) Enterprise Agreement 2019 in the Fair Work Commission. The dispute involved the terms and conditions of employment for employees working on the Montara Floating Production, Storage and Offloading (FPSO) vessel. The Commission was required to determine whether the agreement provided for the fair and efficient operation of the enterprise and met the statutory requirements for approval.

The key legal issues included whether the agreement provided fair and reasonable terms for the employees, if it allowed for the efficient and flexible operation of the enterprise, and if it complied with the Fair Work Act 2009. Additionally, the Commission needed to consider whether the agreement adequately protected the rights and interests of the employees and employers and whether it allowed for a fair resolution of workplace disputes.

In reaching its decision, the Commission examined the terms of the agreement, including the provisions related to wages, hours of work, and other employment conditions. The Commission also considered submissions from both Atlas Programmed Marine and the employees' representative, along with any relevant industry standards and practices. After thorough consideration, the Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, allowed for the efficient operation of the enterprise, and complied with the statutory requirements for approval. The agreement was therefore approved.

The Fair Work Commission approved the Atlas Programmed Marine Pty Ltd Offshore Oil & Gas (Montara FPSO) Enterprise Agreement 2019, recognising its provisions as fair and reasonable for the employees and efficient for the enterprise. The decision ensures that the agreement meets the statutory requirements and protects the rights and interests of both employers and employees.

Atlas Programmed Marine Pty Ltd T/A Atlas Professionals

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established