Atlas Services Group Australia Pty Ltd

[2014] FWCA 1695

[2014] FWCA 1695

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Atlas Services Group Australia Pty Ltd
(AG2014/3481)

ATLAS SERVICES GROUP AUSTRALIA PTY LTD AIMPE CONTRACT NON-PROPELLED (DI) DREDGING GREENFIELD AGREEMENT 2013

Dredging industry
COMMISSIONER JOHNS	MELBOURNE, 12 MARCH 2014

Application for approval of the Atlas Services Group Australia Pty Ltd AIMPE Contract Non-Propelled (DI) Dredging Greenfield Agreement 2013.

[1] On 23 January 2014 Atlas Services Group Australia Pty Ltd (Applicant) made an application for approval of the Atlas Services Group Australia Pty Ltd AIMPE Contract Non-Propelled (DI) Dredging Greenfield Agreement 2013 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a greenfields agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. The undertakings ensure compliance with new requirements relating to consultation clauses in enterprise agreements. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case, the Australian Institute of Marine and Power Engineers (AIMPE) has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Commission is satisfied that the AIMPE is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is performed under it. The Commission is also satisfied it is in the public interest to approve the Agreement.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 19 March 2014. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

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ANNEXURE A