Programmed Offshore Pty Ltd T/A Programmed Offshore Pty Ltd
[2024] FWCA 3303
•18 SEPTEMBER 2024
| [2024] FWCA 3303 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Programmed Offshore Pty Ltd T/A Programmed Offshore Pty Ltd
(AG2024/3008)
PROGRAMMED OFFSHORE PTY LTD AND THE MARITIME UNION OF AUSTRALIA PROPELLED DREDGING ENTERPRISE AGREEMENT 2024
| Dredging industry | |
| COMMISSIONER P RYAN | SYDNEY, 18 SEPTEMBER 2024 |
Application for approval of the Programmed Offshore Pty Ltd and the Maritime Union of Australia Division Propelled Dredging Enterprise Agreement 2024
An application has been made for approval of a greenfields agreement known as the Programmed Offshore Pty Ltd and the Maritime Union of Australia Propelled Dredging Enterprise Agreement 2024 (Agreement). The application was made by Programmed Offshore Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (FW Act).
On the materials before the Commission, I am satisfied that:
(a) This is a greenfields agreement that meets the requirements of s.172(2)(b) of the FW Act;
(b) In accordance with s.187(5)(a) of the FW Act, the Construction, Forestry and Maritime Employees Union (CFMEU) 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; and
(c) That it is in the public interest to approve the Agreement.
Regulation 2.06 Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.
Section 190 Undertakings
The Applicant 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. The undertakings are taken to be a term of the Agreement.
Sections 186, 187, 188 and 190
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.
Delegates’ rights term
The Agreement does not contain a delegates’ rights term that meets the requirements of s.205A of the FW Act. Pursuant to s.205A(2) of the FW Act, clause 26A of the Dredging Industry Award 2020 is taken to be a term of the Agreement.
Section 53 Coverage
Pursuant to s.53(2)(b) of the FW Act I note the Agreement was made with the CFMEU and that the Agreement covers the CFMEU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 25 September 2024. The nominal expiry date of the Agreement is 28 March 2028.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE526112 PR779393>
Annexure A
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