Bhagwan Marine Pty Ltd

[2013] FWCA 5584

[2013] FWCA 5584

FAIR WORK COMMISSION

DECISION

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

Bhagwan Marine Pty Ltd
(AG2013/7798)

BHAGWAN / AIMPE GORGON ENTERPRISE AGREEMENT 2013

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 12 AUGUST 2013

Application for approval of the Bhagwan / AIMPE Gorgon Enterprise Agreement 2013.

[1] On 29 July 2013, Bhagwan Marine Pty Ltd made application for approval of a single enterprise agreement to be known as the Bhagwan / AIMPE Gorgon Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 15 July 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Institute of Marine and Power Engineers (AIMPE) has declared that the AIMPE was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AIMPE supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Institute’s knowledge. Finally, the AIMPE has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 19 August 2013.

[7] The nominal expiry date of this Agreement is 31 July 2014.

COMMISSIONER

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