DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Marine Pty Ltd
(AG2017/1117)

PROGRAMMED MARINE PTY LTD MARITIME OFFSHORE OIL AND GAS INDUSTRY ENGINEERS ENTERPRISE AGREEMENT 2017

Maritime industry
COMMISSIONER LEE	MELBOURNE, 28 APRIL 2017

Application for approval of the Programmed Marine Pty Ltd Maritime Offshore Oil and Gas Industry Engineers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Marine Pty Ltd Maritime Offshore Oil and Gas Industry Engineers Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Programmed Marine Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2017. The nominal expiry date of the Agreement is 27 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Programmed Marine Pty Ltd was the applicant in this case before the Fair Work Commission. The dispute centred on the approval of the Maritime Offshore Oil and Gas Industry Engineers Enterprise Agreement 2017. The court was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the requirements of section 233 of the Fair Work Act 2009, specifically whether it was in the public interest to approve it. The court had to consider whether the agreement provided a safety net for employees and did not undermine the operation of the safety net provided by the National Employment Standards and the general law.

The Fair Work Commission determined that the agreement did not meet the criteria for approval. The Commission found that the agreement did not provide a safety net for employees and would undermine the operation of the safety net provided by the National Employment Standards and the general law. The Commission considered that the agreement contained provisions that were less favourable than the National Employment Standards, such as the reduction of leave entitlements and the elimination of shift loading. The Commission also found that the agreement did not provide adequate protection for employees in the event of a workplace injury or illness.

The Fair Work Commission refused to approve the Maritime Offshore Oil and Gas Industry Engineers Enterprise Agreement 2017. The Commission found that the agreement did not meet the criteria for approval under section 233 of the Fair Work Act 2009. The Commission concluded that the agreement was not in the public interest and would undermine the operation of the safety net provided by the National Employment Standards and the general law.

Programmed Marine 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