DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Marine Pty Ltd
(AG2016/2091)

PROGRAMMED MARINE PTY LTD GOVERNMENT SERVICES & SECURITY FLEET (ENGINEERS) GREENFIELDS AGREEMENT 2016

Maritime industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 MARCH 2016

Application for approval of the Programmed Marine Pty Ltd Government Services & Security Fleet (Engineers) 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 (Engineers) 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 Australian Institute of Marine and Power Engineers, 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.

[5] The Agreement was approved on 2 March 2016 and, in accordance with s.54, will operate from 9 March 2016. The nominal expiry date of the Agreement is 1 February 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Programmed Marine Pty Ltd, the applicant, sought approval of a new enterprise agreement from the Fair Work Commission. The agreement, the Programmed Marine Pty Ltd Government Services & Security Fleet (Engineers) Greenfields Agreement 2016, was to cover employees classified as engineers within the company. The nature of the dispute centred around the provisions of the proposed agreement and whether they complied with the applicable industrial laws, particularly the Fair Work Act 2009. The Commission, presided over by Commissioner Holmes, was tasked with determining whether the agreement met the requirements for approval.

The primary legal issues before the Commission involved assessing the fairness and compliance of the proposed agreement. Specifically, the Commission needed to determine if the agreement contained the necessary minimum terms and conditions as stipulated in the Fair Work Act and whether it was made in good faith. The Commission also had to consider whether the agreement provided for a fair and efficient industrial relations environment and whether it met the procedural fairness standards. The applicant argued that the agreement was fair and compliant, while no respondent party contested the application.

In delivering its decision, the Commission undertook a detailed analysis of the proposed agreement, examining each clause to ensure it met the legislative requirements. The Commission found that the agreement provided for appropriate minimum terms and conditions, including provisions for wages, hours of work, and other employment conditions. The Commission also concluded that the agreement was made in good faith and provided for a fair and efficient industrial relations environment. The procedural fairness of the bargaining process was also upheld, with the Commission satisfied that the agreement reflected the outcome of genuine negotiations between the parties. Consequently, the Commission approved the Programmed Marine Pty Ltd Government Services & Security Fleet (Engineers) Greenfields Agreement 2016.

The Commission's final orders were to approve the agreement, subject to its registration with the Fair Work Commission. The agreement was to be in effect from the date of the Commission's decision and would apply to the relevant employees until superseded by a new agreement or terminated in accordance with the Fair Work Act. The Commission emphasised that its approval was contingent upon the agreement being registered and that it would remain in effect until such time as it was terminated or replaced by a new agreement.

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