The Underwater Centre Fremantle Pty Ltd

[2013] FWCA 87

[2013] FWCA 87

FAIR WORK COMMISSION

DECISION

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

The Underwater Centre Fremantle Pty Ltd
(AG2012/13177)

THE UNDERWATER CENTRE FREMANTLE PTY LTD AND AUSTRALIAN MARITIME OFFICERS UNION OFFSHORE OIL AND GAS GREENFIELD ENTERPRISE AGREEMENT 2012

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 8 JANUARY 2013

Application for approval of the The Underwater Centre Fremantle Pty Ltd and Australian Maritime Officers Union Offshore Oil and Gas Greenfield Enterprise Agreement 2012.

[1] On 21 December 2012, The Underwater Centre Fremantle Pty Ltd made application for approval of a greenfields agreement to be known as The Underwater Centre Fremantle Pty Ltd and Australian Maritime Officers Union Offshore Oil and Gas Greenfield Enterprise Agreement 2012 (“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] Following communication with the Applicant’s representative, an undertaking was provided, pursuant to s.190 of the FW Act 2009 that in Clause 12: Settlement of Disputes Procedure, employees are able to appoint a representative of their choice.

[5] 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.

[6] 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.

[7] 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.

[8] The nominal expiry date of the Agreement is 31 July 2013.

COMMISSIONER

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