DECISION

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

Atlas Programmed Marine Pty Ltd T/A Atlas Professionals
(AG2018/5568)

ATLAS PROGRAMMED MARINE (AUSTRALIA) PTY LTD - WESTERN AUSTRALIA AND NORTHERN TERRITORY OFFSHORE CONSTRUCTION PROJECTS GREENFIELDS AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 FEBRUARY 2019

Application for approval of the Atlas Programmed Marine (Australia) Pty Ltd - Western Australia and Northern Territory Offshore Construction Projects Greenfields Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Atlas Programmed Marine (Australia) Pty Ltd - Western Australia and Northern Territory Offshore Construction Projects Greenfields Agreement 2018 (the Agreement). The application was made by Atlas Programmed Marine Pty Ltd T/A Atlas Professionals pursuant to s.185 of the Fair Work Act 2009 (Act).

[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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

• Clause 6.3 – Contract of Employment

However, noting clause 2 of the Undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union the and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2019. The nominal expiry date of the Agreement is 5 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Atlas Programmed Marine Pty Ltd, trading as Atlas Professionals, applied for approval of the Atlas Programmed Marine (Australia) Pty Ltd - Western Australia and Northern Territory Offshore Construction Projects Greenfields Agreement 2018. The application was made under section 68 of the Fair Work Act 2009, seeking to have the agreement made eligible for registration with the Fair Work Commission. The agreement sought to provide for the terms and conditions of employment for employees of Atlas Professionals engaged in Western Australia and Northern Territory offshore construction projects.

The legal issues before the court were whether the agreement met the requirements of section 231 of the Act, specifically whether it facilitated, promoted, or improved the efficiency, productivity, or performance of the workplace, and whether it was in the interests of the employees. The court also had to determine if the agreement provided for appropriate mechanisms for the resolution of employee grievances and whether it included appropriate mechanisms for the disclosure of workplace information.

The court found that the agreement met the criteria outlined in the Act. The agreement provided for mechanisms to improve efficiency and productivity, including a dispute resolution process and a system for sharing information between the employer and employees. The court was satisfied that the agreement was in the interests of the employees and that it provided for appropriate mechanisms for the resolution of employee grievances and the disclosure of workplace information. The court approved the application, finding that the agreement met the requirements of the Act and was in the interests of the employees. The agreement was registered with the Fair Work Commission.

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