Bhagwan Marine T/A Bhagwan Marine Pty Ltd
[2023] FWCA 1386
•15 MAY 2023
| [2023] FWCA 1386 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bhagwan Marine T/A Bhagwan Marine Pty Ltd
(AG2023/1231)
BHAGWAN MARINE PTY LTD AND AUSTRALIAN MARITIME OFFICERS UNION OFFSHORE OIL AND GAS ENTERPRISE AGREEMENT 2023
| Maritime industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 15 MAY 2023 |
Application for approval of the Bhagwan Marine Pty Ltd and Australian Maritime Officers Union Offshore Oil and Gas Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement to be known as the Bhagwan Marine Pty Ltd and Australian Maritime Officers Union Offshore Oil and Gas Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bhagwan Marine Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 11 May 2923. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Maritime Offshore Oil and Gas Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation
The Australian Maritime Officers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Model consultation and flexibility clauses
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.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2023. The nominal expiry date of the Agreement is 15 May 2024.
DEPUTY PRESIDENT
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Annexure A
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