Bumi Armada Australia Pty Ltd

[2014] FWCA 2121

[2014] FWCA 2121

FAIR WORK COMMISSION

DECISION

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

Bumi Armada Australia Pty Ltd
(AG2014/609)

BUMI ARMADA AUSTRALIA PTY LTD AMADA CLAIRE FPSO AMOU, AWU AND MUA AGREEMENT 2014

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 31 MARCH 2014

Application for approval of the Bumi Armada Australia Pty Ltd Amada Claire FPSO AMOU, AWU and MUA Agreement 2014.

[1] On 19 March 2014, Bumi Armada Australia Pty Ltd made application for approval of a greenfields agreement to be known as the Bumi Armada Australia Pty Ltd Amada Claire FPSO AMOU, AWU and MUA Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] 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 and s.187 are met.

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

[4] Pursuant to s.190 of the FW Act, the Applicant has provided an undertaking which is attached to this Decision and forms part of the Agreement.

[5] The Employer has declared that the Australian Maritime Officers Union (AMOU), the Australian Workers’ Union (AWU) and the Maritime Union of Australia (MUA) are entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to the work to be performed under the Agreement. The AMOU, AWU and MUA have made similar declarations. On that basis, I am satisfied that the provisions of s.187(5)(a) of the FW Act have been met.

[6] I am also satisfied, pursuant to s.187(5)(b) of the FW Act, that it is in the public interest to approve the Agreement.

[7] The Agreement is approved and in accordance with s.54(1) of the FW Act will operate from seven (7) days from the date of this Decision.

[8] The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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