DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Marine Pty Ltd
(AG2016/2090)

PROGRAMMED MARINE PTY LTD GOVERNMENT SERVICES & SECURITY FLEET (DECK OFFICERS) 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 (Deck Officers) 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 (Deck Officers) 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 clause 16 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 Maritime Officers’ Union, 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 recently applied to the Fair Work Commission for the approval of the Programmed Marine Pty Ltd Government Services & Security Fleet (Deck Officers) Greenfields Agreement 2016. The application was brought under the Fair Work Act 2009, which provides a process for the approval of enterprise agreements by the Fair Work Commission. This application sought the approval of an enterprise agreement that was intended to regulate the terms and conditions of employment of deck officers employed by Programmed Marine in government services and security fleet operations.

The primary legal issue before the Fair Work Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009 for an enterprise agreement. Specifically, the Commission had to determine if the agreement complied with the provisions that govern the approval process, including whether it was made in good faith, whether it included appropriate protections for employees, and whether it adhered to the procedural requirements set out in the Act. The Commission also considered the fairness of the agreement, including whether it provided for the equitable treatment of employees and whether it included appropriate mechanisms for resolving disputes.

In making its decision, the Fair Work Commission carefully reviewed the proposed agreement and the evidence provided by both Programmed Marine and the relevant unions. The Commission found that the agreement was made in good faith and included appropriate protections for employees, such as provisions for minimum wages, leave entitlements, and other working conditions. The Commission also noted that the agreement included mechanisms for resolving disputes, which it found to be satisfactory. Based on its findings, the Commission concluded that the proposed agreement met the requirements of the Fair Work Act 2009 and approved the Programmed Marine Pty Ltd Government Services & Security Fleet (Deck Officers) Greenfields Agreement 2016.

The Fair Work Commission's decision was final and binding, and the approved agreement became a legally enforceable contract between Programmed Marine and its employees. The Commission's approval of the agreement ensures that the terms and conditions of employment for deck officers employed by Programmed Marine in government services and security fleet operations are regulated by a fair and equitable enterprise agreement. The decision also provides a framework for resolving any disputes that may arise under the agreement in the future.

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