DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total AMS Pty Ltd
(AG2015/5443)

TOTAL AMS PTY LTD INSHORE DIVING ENTERPRISE AGREEMENT 2015

Diving services
COMMISSIONER ROE	PERTH, 21 SEPTEMBER 2015

Application for approval of the Total AMS Pty Ltd Inshore Diving Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Total AMS Pty Ltd Inshore Diving Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Total AMS Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 21 September 2015 and, in accordance with s.54, will operate from 28 September 2015. The nominal expiry date of the Agreement is 21 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Total AMS Pty Ltd, an applicant, sought approval of the Total AMS Pty Ltd Inshore Diving Enterprise Agreement 2015 from the Fair Work Commission. This was the subject of a dispute between the applicant and the Maritime Union of Australia, which opposed the agreement. The applicant argued that the agreement was appropriate for approval because it contained all required provisions, was free of any unfair content, and had been negotiated in good faith. The union, however, contended that the agreement was deficient because it did not include certain protections and benefits that should have been included under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the statutory requirements of the Fair Work Act, including the need for good faith bargaining, and whether the agreement contained all necessary provisions and was free from any unfair content. The Commission considered whether the agreement met the criteria for approval as set out in the Act, focusing on the negotiation process, the content of the agreement, and whether it treated employees fairly.

The Fair Work Commission concluded that the Total AMS Pty Ltd Inshore Diving Enterprise Agreement 2015 met the statutory requirements for approval. The Commission found that the agreement had been negotiated in good faith and contained all necessary provisions. The Commission also determined that the agreement did not include any unfair content and was fair and reasonable in all its terms. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Total AMS Pty Ltd Inshore Diving Enterprise Agreement 2015, rejecting the union's objections. The Commission found that the agreement had been negotiated in good faith, contained all necessary provisions, and was free from any unfair content. The Commission's decision was based on a thorough review of the negotiation process, the content of the agreement, and an assessment of its fairness and reasonableness.

Total AMS Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established