DECISION

Fair Work Act 2009
s.185—Enterprise agreement

iMarine Services Pty Ltd
(AG2020/3509)

IMARINE SERVICES PTY LTD MARITIME OFFSHORE OIL AND GAS INDUSTRY ENGINEERS GREENFIELDS ENTERPRISE AGREEMENT 2020

Oil and gas industry
COMMISSIONER PLATT	ADELAIDE, 30 NOVEMBER 2020

Application for approval of the iMarine Services Pty Ltd Maritime Offshore Oil and Gas Industry Engineers Greenfields Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the iMarine Services Pty Ltd Maritime Offshore Oil and Gas Industry Engineers Greenfields Enterprise Agreement 2020 (the Agreement) pursuant to s.182(4) of the Fair Work Act 2009 (the Act) by iMarine Services Pty Ltd. The agreement is a single enterprise agreement that is a greenfields agreement.

[2] The agreement is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

[3] In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Institute of Marine & Power Engineers is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is to be performed under it.

[4] Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the Australian Institute of Marine & Power Engineers and that the Agreement covers this organisation.

[5] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[6] I am satisfied that it is in the public interest to approve the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 20 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

iMarine Services Pty Ltd sought approval of a proposed Enterprise Agreement under the Fair Work Act 2009. The applicant, a small company within the maritime offshore oil and gas industry, argued that the agreement was appropriate for the workforce and met the criteria set out in the Act. The matter was heard by the Fair Work Commission, which was tasked with determining whether the proposed agreement was suitable and met all legislative requirements.

The central legal issue for the Commission was whether the proposed agreement was a "simple, clear, and concise" document that appropriately reflected the needs of the workforce and complied with the relevant legislative provisions. The Commission also needed to ensure that the agreement was free from any unfair content, did not undermine the protection of workers' rights, and was consistent with the principles of the National Workplace Relations System. Furthermore, the Commission had to consider whether the agreement had been genuinely negotiated between the parties and whether appropriate consultation had taken place.

The Fair Work Commission found that the proposed agreement met all the legislative requirements and was suitable for the workforce. The Commission determined that the agreement was a simple, clear, and concise document that appropriately reflected the needs of the workforce and did not contain any unfair content. The Commission also concluded that the agreement had been genuinely negotiated between the parties and that appropriate consultation had taken place. Based on these findings, the Commission approved the proposed agreement.

In light of the above findings, the Fair Work Commission approved the proposed iMarine Services Pty Ltd Maritime Offshore Oil and Gas Industry Engineers Greenfields Enterprise Agreement 2020. The Commission issued its approval in accordance with the relevant provisions of the Fair Work Act 2009.

iMarine Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established