Samson Maritime Pty Ltd T/A Samson Express Offshore

[2014] FWCA 397

[2014] FWCA 397

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Samson Maritime Pty Ltd T/A Samson Express Offshore
(AG2014/30)

SAMSON MARITIME PTY LTD (TRADING AS SAMSON EXPRESS OFFSHORE) AND THE AUSTRALIAN INSTITUTE OF MARINE & POWER ENGINEERS NORTH WEST INSHORE GREENFIELDS AGREEMENT 2013

Port authorities
COMMISSIONER CLOGHAN	PERTH, 20 JANUARY 2014

Application for approval of the Samson Maritime Pty Ltd (trading as Samson Express Offshore) and the Australian Institute of Marine & Power Engineers North West Inshore Greenfields Agreement 2013.

[1] On 9 January 2014, Samson Maritime Pty Ltd T/A Samson Express Offshore made application for approval of a greenfields agreement to be known as the Samson Maritime Pty Ltd (trading as Samson Express Offshore) and the Australian Institute of Marine & Power Engineers North West Inshore Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section and s.187 are met.

[3] I am satisfied, from the material provided to the Commission, that ss.186 and 187, as are relevant to this application for approval, have been met.

[4] The Employer has declared that the Australian Institute of Marine & Power Engineers (AIMPE) is entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to the work to be performed under the Agreement. The AIMPE has made a similar declaration. On that basis, I am satisfied that the provisions of s.187(5)(a) of the FW Act have been met.

[5] I am also satisfied, pursuant to s.187(5)(b) of the FW Act, that it is in the public interest to approve the Agreement.

[6] The Agreement is approved and in accordance with s.54(1) of the FW Act will operate from 27 January 2014.

[7] The nominal expiry date of the Agreement is 1 April 2014.

COMMISSIONER

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