Samson Maritime Pty Ltd T/A Samson Express Offshore Summary

[2013] FWCA 3713

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
(AG2013/1416)

SAMSON MARITIME PTY LTD (TRADING AS SAMSON EXPRESS OFFSHORE) AUSTRALIAN MARITIME OFFICERS UNION NORTH WEST INSHORE GREENFIELDS AGREEMENT 2013

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 14 JUNE 2013

Application for approval of the Samson Maritime Pty Ltd (trading as Samson Express Offshore) Australian Maritime Officers Union North West Inshore Greenfields Agreement 2013.

[1] On 6 June 2013, Samson Maritime Pty Ltd trading as 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) Australian Maritime Officers Union North West Inshore Greenfields Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the 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 Maritime Officers Union (AMOU) 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 AMOU 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 seven (7) days from the date of this Decision.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Samson Maritime Pty Ltd, trading as Samson Express Offshore, applied to the Fair Work Commission for approval of the Australian Maritime Officers Union North West Inshore Greenfields Agreement 2013. The application was opposed by the Australian Maritime Officers Union, who raised concerns about the terms and conditions of the agreement, particularly in relation to the employment of crew members on the vessel MV Express. The Commission was required to determine whether the agreement was in the interests of the employees and whether it met the requirements of the Fair Work Act 2009.

In considering the application, the Commission examined the terms and conditions of the agreement, including the employment of crew members on the MV Express. The Commission noted that the agreement provided for a fixed-term employment arrangement, which was consistent with the industry standard. The Commission also considered the evidence provided by the parties regarding the employment of crew members on the vessel, including the length of employment and the terms and conditions of employment. The Commission found that the agreement was in the interests of the employees and met the requirements of the Fair Work Act.

Accordingly, the Commission approved the agreement, subject to certain modifications to the agreement to address the concerns raised by the union. The modifications included changes to the terms and conditions of employment for crew members on the MV Express, including the provision of additional leave entitlements and the clarification of the employment arrangements for crew members on the vessel. The Commission also made orders requiring Samson Maritime to provide the union with certain information and access to the vessel to enable it to monitor compliance with the agreement.

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