DOF Management Australia Pty Ltd Summary

[2013] FWCA 8383

FAIR WORK COMMISSION

DECISION

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

DOF Management Australia Pty Ltd
(AG2013/9742)

DOF MANAGEMENT AUSTRALIA PTY LTD AND ATLAS SERVICES GROUP AUSTRALIA PTY LTD AIMPE QUEENSLAND COASTAL TRANSPORT MULTI-ENTERPRISE AGREEMENT 2013

Maritime industry
COMMISSIONER SIMPSON	BRISBANE, 25 OCTOBER 2013

Application for approval of the DOF Management Australia Pty Ltd and Atlas Services Group Australia Pty Ltd AIMPE Queensland Coastal Transport Multi-Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the DOF Management Australia Pty Ltd and Atlas Services Group Australia Pty Ltd AIMPE Queensland Coastal Transport Multi-Enterprise Agreement 2013 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DOF Management Australia Pty Ltd.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Institute of Marine and Power Engineers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 1 November 2013. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, DOF Management Australia Pty Ltd, sought approval of the DOF Management Australia Pty Ltd and Atlas Services Group Australia Pty Ltd AIMPE Queensland Coastal Transport Multi-Enterprise Agreement 2013 from the Fair Work Commission. The applicant argued that the agreement was suitable for registration under the Fair Work Act 2009 as it contained minimum terms and conditions of employment that complied with the relevant legislative provisions.

The central legal issue before the Commission was whether the agreement was a "single interesting" agreement within the meaning of section 232 of the Fair Work Act 2009. The Commission needed to determine whether the agreement was suitable for approval and registration, and whether it complied with the relevant provisions of the Act. The applicant argued that the agreement was suitable for registration as it contained minimum terms and conditions of employment that complied with the relevant legislative provisions.

The Commission found that the agreement was suitable for approval and registration. The agreement contained minimum terms and conditions of employment that complied with the relevant legislative provisions. The Commission noted that the agreement provided for a modern and flexible workplace, with provisions for flexible working arrangements and a clear process for resolving disputes. The agreement also provided for adequate protection for employees, with provisions for minimum rates of pay, leave entitlements and other benefits. The Commission was satisfied that the agreement was a "single interesting" agreement within the meaning of section 232 of the Fair Work Act 2009.

The Fair Work Commission approved the agreement and registered it under section 175 of the Fair Work Act 2009. The agreement will now apply to all employees covered by the agreement, and will provide them with minimum terms and conditions of employment that comply with the relevant legislative provisions.

DOF Management Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established