Programmed Marine Pty Ltd Summary

[2016] FWCA 1361
DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Programmed Marine Pty Ltd
(AG2016/2092)
PROGRAMMED MARINE PTY LTD GOVERNMENT SERVICES &
SECURITY FLEET (RATINGS AND CATERERS) GREENFIELDS
AGREEMENT 2016
Maritime industry

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 3 MARCH 2016
Application for approval of the Programmed Marine Pty Ltd Government Services & Security
Fleet (Ratings and Caterers) Greenfields Agreement 2016.
[1] An application has been made for approval of an enterprise agreement known as the

Programmed Marine Pty Ltd Government Services & Security Fleet (Ratings and Caterers)
Greenfields Agreement 2016 (Agreement). The application was made pursuant to s.185 of the
Fair Work Act 2009 (Act). It has been made by Programmed Marine Pty Ltd. The Agreement
is a greenfields agreement.
[2] On the basis of the material contained in the application and accompanying statutory

declaration, 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.
[3] An undertaking has been given in relation to clauses 16 and 24 of the Agreement and

this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act
and is appended at Appendix A.
[4] Based on statutory declaration provided by the organisation, I am satisfied that the

Maritime Union of Australia, the employee organisation to be covered by the agreement, 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. I am also satisfied that it is
in the public interest to approve the Agreement.
[2016] FWCA 1361
[5] The Agreement was approved on 3 March 2016 and, in accordance with s.54, will

operate from 10 March 2016. The nominal expiry date of the Agreement is 1 February 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1361

Annexure A

CaseChat Overview and Summary

Programmed Marine Pty Ltd applied for approval of an enterprise agreement under the Fair Work Act 2009. The proposed agreement, titled the Programmed Marine Pty Ltd Government Services & Security Fleet (Ratings and Caterers) Greenfields Agreement 2016, was intended to govern the employment conditions for ratings and caterers in the maritime industry. The Deputy President of the Fair Work Commission, Gostencnik, was tasked with determining whether the agreement met the statutory requirements for approval.

The key legal issues before the Deputy President were whether the application satisfied the conditions set out in sections 186 and 187 of the Act, whether the Maritime Union of Australia was entitled to represent the majority of employees affected by the agreement, and whether approving the agreement was in the public interest. Additionally, the court had to consider any undertakings made by the employer concerning specific clauses of the agreement.

After reviewing the application and accompanying statutory declarations, Deputy President Gostencnik found that all statutory requirements were met. The Maritime Union of Australia was confirmed as the appropriate representative body for the employees, and it was determined that approving the agreement would serve the public interest. An undertaking was also made regarding clauses 16 and 24 of the agreement, which became terms of the agreement. Consequently, the Deputy President approved the agreement, which took effect from 10 March 2016 until its nominal expiry date of 1 February 2017.

Programmed Marine Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established