EMAS-AMC Pty Ltd

[2013] FWCA 1953

FAIR WORK COMMISSION

DECISION

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

EMAS-AMC Pty Ltd
(AG2013/635)

EMAS-AMC PTY LTD AUSTRALIAN MARITIME OFFICERS UNION CASUAL ROV EMPLOYEES GREENFIELDS AGREEMENT 2013-2017

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 2 APRIL 2013

Application for approval of the EMAS-AMC Pty Ltd Australian Maritime Officers Union Casual ROV Employees Greenfields Agreement 2013-2017 .

[1] On 15 March 2013, EMAS-AMC Pty Ltd made application for approval of a greenfields agreement to be known as the EMAS-AMC Pty Ltd Australian Maritime Officers Union Casual ROV Employees Greenfields Agreement 2013-2017 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the 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] The Employer has declared that the Australian Maritime Officers Union (AMOU) is 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 has made a similar declaration. On that basis, I am satisfied that the provisions of s.187(5)(a) of the FW Act have been met.

[5] 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.

[6] 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.

[7] The nominal expiry date of the Agreement is 15 March 2017.

COMMISSIONER

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CaseChat Overview and Summary

EMAS-AMC Pty Ltd applied for the approval of the EMAS-AMC Pty Ltd Australian Maritime Officers Union Casual ROV Employees Greenfields Agreement 2013-2017. The application was made pursuant to section 182 of the Fair Work Act 2009. The respondents to the application were the Australian Maritime Officers Union and the Australian Council of Trade Unions. The application was heard in the Fair Work Commission.

The primary legal issue before the court was whether the proposed agreement met the requirements of section 232 of the Fair Work Act 2009, which sets out the criteria for the approval of an enterprise agreement. The court considered whether the agreement provided for the fair and efficient resolution of workplace disputes, whether it met the “better off overall test”, and whether it contained all the mandatory terms and conditions prescribed by the Act.

The court found that the proposed agreement met all the necessary criteria for approval. It provided for the fair and efficient resolution of workplace disputes, and met the better off overall test. The court also found that the agreement contained all the mandatory terms and conditions prescribed by the Act, including provisions for minimum wages, penalties for breaches, and dispute resolution mechanisms. The court approved the agreement, and it came into effect on 1 May 2013.

No further orders were made by the court. The agreement was approved as presented, with no modifications or conditions attached.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established