The Underwater Centre Fremantle Pty Ltd

[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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CaseChat Overview and Summary

In the Fair Work Commission, the Australian Maritime Officers Union (AMOU) sought approval of the Underwater Centre Fremantle Pty Ltd and AMOU Offshore Oil and Gas Greenfield Enterprise Agreement 2012. The Underwater Centre Fremantle Pty Ltd (UCF) is a company that operates a diving and marine services business in Fremantle, Western Australia. The AMOU is a union representing maritime workers, including those at UCF. The dispute centred on whether the agreement should be approved, as required by section 231 of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, whether it was appropriately certified by the AMOU as a trade union, and whether it met the requirements of the Fair Work Act. The Commission also needed to consider whether the agreement provided for a fair and reasonable process for resolving disputes between the parties. UCF argued that the agreement did not adequately protect its business interests and that the union had not properly certified the agreement. The AMOU argued that the agreement was fair and reasonable and that it had properly certified the agreement.

The Commission found that the agreement provided for fair and reasonable terms and conditions, including provisions for minimum wages, leave entitlements, and dispute resolution. The Commission also found that the AMOU had properly certified the agreement and that it met the requirements of the Fair Work Act. The Commission rejected UCF's argument that the agreement did not adequately protect its business interests, finding that the agreement provided for a fair and reasonable process for resolving disputes and that it did not impose unreasonable restrictions on UCF's ability to operate its business. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established