Samson Maritime Pty Ltd T/A Samson Express Offshore Summary

[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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CaseChat Overview and Summary

Samson Maritime Pty Ltd, trading as Samson Express Offshore, applied for approval of the Samson Maritime Pty Ltd and the Australian Institute of Marine & Power Engineers North West Inshore Greenfields Agreement 2013. The application was heard by the Fair Work Commission in Australia. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees covered by the agreement.

The legal issues before the Commission were whether the agreement provided for the proper protection of employees’ rights and interests, and whether it complied with the relevant provisions of the Fair Work Act. The Commission also had to consider whether the agreement would have a beneficial effect on the employees and the employer. The applicant argued that the agreement provided for proper protections and was in the best interests of the employees, while the respondent raised concerns about certain provisions of the agreement.

The Commission found that the agreement did provide for the proper protection of employees’ rights and interests, and that it complied with the relevant provisions of the Fair Work Act. The Commission was satisfied that the agreement would have a beneficial effect on the employees and the employer. The Commission approved the agreement, subject to certain modifications, to ensure that it met the requirements of the Fair Work Act and protected the interests of the employees.

The Fair Work Commission approved the agreement, subject to modifications, and directed that the agreement be registered. The modifications related to provisions concerning shift patterns, rest breaks, and termination of employment. The Commission considered that these modifications were necessary to ensure that the agreement met the requirements of the Fair Work Act and protected the interests of the employees.

Samson Maritime Pty Ltd T/A Samson Express Offshore

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established