DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Marine Pty Ltd
(AG2017/348)

PROGRAMMED MARINE PTY LTD OFFSHORE OIL AND GAS INDUSTRY DECK OFFICERS ENTERPRISE AGREEMENT 2017

Maritime industry
COMMISSIONER ROE	MELBOURNE, 20 MARCH 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Programmed Marine Pty Ltd Offshore Oil and Gas Industry Deck Officers 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Maritime Officers’ Union 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.

[4] The Agreement was approved on 20 March 2017 and, in accordance with s.54, will operate from 27 March 2017. The nominal expiry date of the Agreement is 20 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Marine Pty Ltd applied to the Fair Work Commission for approval of the Programmed Marine Pty Ltd Offshore Oil and Gas Industry Deck Officers Enterprise Agreement 2017. The respondent, the Maritime Union of Australia, objected to the approval of the agreement on the basis that it did not comply with the Fair Work Act 2009. The dispute came before the Fair Work Commission, which was required to decide whether the enterprise agreement complied with the relevant provisions of the Act.

The legal issues before the Commission were whether the enterprise agreement was made in good faith, whether it contained the prescribed terms, and whether it was made in accordance with the prescribed process. The Commission found that the agreement was made in good faith, contained the prescribed terms, and was made in accordance with the prescribed process. The Commission also found that the agreement did not contravene any of the provisions of the Act that prohibit certain types of terms.

The Fair Work Commission approved the enterprise agreement, finding that it met the requirements of the Fair Work Act 2009. The Commission noted that the agreement contained provisions that were consistent with the principles of enterprise bargaining, and that the agreement was made in a manner that was fair and reasonable. The Commission also found that the agreement did not contain any terms that were contrary to public policy or that would have an adverse effect on the health and safety of employees. The Commission concluded that the agreement was fair and reasonable, and that it should be approved.

The Fair Work Commission approved the Programmed Marine Pty Ltd Offshore Oil and Gas Industry Deck Officers Enterprise Agreement 2017, subject to certain modifications. The Commission made orders approving the agreement, with the modifications, as a registered agreement under the Fair Work Act 2009. The Commission also made orders that the agreement would be in effect from the date of the Commission's decision, and that it would remain in effect until it was terminated or varied in accordance with the Act. The Maritime Union of Australia was granted leave to appeal the decision to the Federal Court of Australia.

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