Programmed Marine Pty Ltd

[2016] FWCA 1357

[2016] FWCA 1357

FAIR WORK COMMISSION

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

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Annexure A