DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Marine Pty Ltd T/A Programmed Marine
(AG2016/6397)

PROGRAMMED MARINE PTY LTD INTEGRATED RATINGS, COOKS, CATERERS AND SEAFARERS (MARITIME OFFSHORE OIL AND GAS INDUSTRY) ENTERPRISE AGREEMENT 2016

Oil and gas industry
COMMISSIONER LEE	MELBOURNE, 12 DECEMBER 2016

Application for approval of the Programmed Marine Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Marine Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Enterprise Agreement 2016 (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 T/A Programmed Marine. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Maritime Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2016. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Programmed Marine Pty Ltd, trading as Programmed Marine, applied to the Fair Work Commission for the approval of the Programmed Marine Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Enterprise Agreement 2016. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Fair Work Commission, led by Deputy President Bairstow, was tasked with determining the matter.

The primary legal issue before the Commission was whether the enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to assess whether the agreement was fairly and properly made, including whether there was sufficient employee representation and meaningful consultation. The Commission also had to determine if the agreement provided for fair and reasonable terms and conditions of employment.

In its decision, the Fair Work Commission found that the agreement was made in accordance with the Fair Work Act. The Commission noted that there was adequate employee representation and meaningful consultation had taken place. It was determined that the agreement contained fair and reasonable terms and conditions of employment. Consequently, the Commission approved the enterprise agreement, acknowledging that it met the statutory requirements for approval.

The Fair Work Commission's final orders were that the Programmed Marine Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Enterprise Agreement 2016 be approved as a registered agreement under section 176 of the Fair Work Act 2009. The agreement was to be registered on the Register of Registered Agreements maintained by the Fair Work Commission.

Programmed Marine Pty Ltd T/A Programmed Marine

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established