The Underwater Centre Fremantle Pty Ltd Summary

[2013] FWCA 1423

FAIR WORK COMMISSION

DECISION

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

The Underwater Centre Fremantle Pty Ltd
(AG2013/431)

THE UNDERWATER CENTRE FREMANTLE PTY LTD INTEGRATED RATINGS, COOKS, CATERERS AND SEAFARERS (OFFSHORE OIL AND GAS) GREENFIELD AGREEMENT 2013

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 7 MARCH 2013

Application for approval of the The Underwater Centre Fremantle Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Offshore Oil and Gas) Greenfield Agreement 2013.

[1] On 27 February 2013, The Underwater Centre Fremantle Pty Ltd made application for approval of a greenfields agreement to be known as The Underwater Centre Fremantle Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Offshore Oil and Gas) Greenfield 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 Maritime Union of Australia (MUA) 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 MUA 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 31 July 2013.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in the case were The Underwater Centre Fremantle Pty Ltd, which applied for approval of the Integrated Ratings, Cooks, Caterers and Seafarers (Offshore Oil and Gas) Greenfield Agreement 2013. This application was heard in the Fair Work Commission. The dispute centred around whether the proposed agreement met the necessary legal standards and requirements for approval as a greenfield agreement under the Fair Work Act 2009.

The legal issues the court had to decide included whether the agreement provided adequate protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. Additionally, the court had to consider if the agreement was consistent with the objectives of the Fair Work Act, including promoting high levels of economic and social participation and improving work conditions. The court also examined whether the agreement was made in good faith and whether it complied with the relevant provisions of the Fair Work Act.

In reaching its decision, the court closely examined the provisions of the proposed agreement, considering the specific needs of the industry and the workforce involved. The court found that the agreement provided sufficient protections for employees and was consistent with the objectives of the Fair Work Act. The court noted that the agreement included provisions for minimum wages, leave entitlements, and a clear dispute resolution process. Additionally, the court determined that the agreement was made in good faith and complied with the relevant provisions of the Fair Work Act. Based on these findings, the court approved the proposed agreement.

The court's final order was that the Integrated Ratings, Cooks, Caterers and Seafarers (Offshore Oil and Gas) Greenfield Agreement 2013 be approved as a greenfield agreement under the Fair Work Act 2009. This decision allows the agreement to be registered with the Fair Work Commission, providing a framework for employment conditions in the offshore oil and gas industry.

The Underwater Centre Fremantle Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established