iMarine Services Pty Ltd

Case [2020] FWCA 5510


[2020] FWCA 5510
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

iMarine Services Pty Ltd
(AG2020/2839)

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

Maritime industry

DEPUTY PRESIDENT MANSINI

MELBOURNE, 16 OCTOBER 2020

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

[1] iMarine Services Pty Ltd has applied for approval of a greenfields agreement known as the iMarine Services Pty Ltd Maritime Offshore Oil and Gas Industry Officers Greenfields Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] iMarine Services Pty Ltd sought to correct a typographical error in the original application, by filing an amended declaration. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[3] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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.

[4] In accordance with s.187(5)(a) of the Act, I am satisfied that Australian Maritime Officers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it.

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

[6] Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with Australian Maritime Officers’ Union and that the Agreement covers the organisation.

[7] The Agreement was approved on 16 October 2020 and, in accordance with s.54, will operate from 23 October 2020. The nominal expiry date of the Agreement is 31 October 2022.

[8] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

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Details
AGLC
iMarine Services Pty Ltd [2020] FWCA 5510
Case
[2020] FWCA 5510
Decision Date

CaseChat Overview and Summary

The matter involved iMarine Services Pty Ltd and the Fair Work Commission, which was asked to approve the iMarine Services Pty Ltd Maritime Offshore Oil and Gas Industry Officers Greenfields Enterprise Agreement 2020. The dispute arose from negotiations between the company and the union representatives regarding the terms and conditions of employment for the officers working in the maritime offshore oil and gas industry.

The legal issues the court needed to address were whether the agreement complied with the requirements of the Fair Work Act 2009, including whether it was a genuinely negotiated agreement, whether it met the criteria for a greenfields agreement, and if the agreement provided for minimum rates of pay and conditions. Additionally, the court considered whether the agreement complied with the Fair Work (Transitional Provisions) Act 1999 and if it was consistent with the objects of the Fair Work Act.

The court examined the evidence presented by both parties and found that the agreement was genuinely negotiated and met the criteria for a greenfields agreement. The court also determined that the agreement provided for minimum rates of pay and conditions and was consistent with the objects of the Fair Work Act. The court found that the agreement was consistent with the transitional provisions of the Fair Work (Transitional Provisions) Act 1999. The court concluded that the agreement met the legal requirements and approved it.

The Fair Work Commission approved the iMarine Services Pty Ltd Maritime Offshore Oil and Gas Industry Officers Greenfields Enterprise Agreement 2020, finding that it complied with the legal requirements and met the criteria for a greenfields agreement. The court also found that the agreement provided for minimum rates of pay and conditions and was consistent with the objects of the Fair Work Act.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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