Siera Marine Management Pty Ltd
[2024] FWCA 2186
•13 JUNE 2024
| [2024] FWCA 2186 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Siera Marine Management Pty Ltd
(AG2024/1906)
SIERA MARINE MANAGEMENT PTY LTD AND AWU MARINE ENGINEERS MARITIME OFFSHORE OIL AND GAS INDUSTRY ENTERPRISE AGREEMENT 2024
| Maritime industry | |
| DEPUTY PRESIDENT GRAYSON | SYDNEY, 13 JUNE 2024 |
Application for approval of the SIERA Marine Management Pty Ltd and AWU Marine Engineers Maritime Offshore Oil and Gas Industry Enterprise Agreement 2024
Siera Marine Management Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the SIERA Marine Management Pty Ltd and AWU Marine Engineers Maritime Offshore Oil and Gas Industry Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act).
The Agreement is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.
The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth) (the Regulations). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the Fair Work Commission and do so pursuant to s.586(a) of the Act.
The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Regulations is taken to be a term of the Agreement.
The employer 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.
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.
In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (AWU) 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. I am also satisfied that it is in the public interest to approve the Agreement.
Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the AWU and that the Agreement covers this organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2024. The nominal expiry date of the Agreement is 9 November 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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