Total AMS Pty Ltd

[2014] FWCA 4734

FAIR WORK COMMISSION

DECISION

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

Total AMS Pty Ltd
(AG2014/1597)

TOTAL AMS RESOURCE INDUSTRY ENTERPRISE AGREEMENT 2014

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 15 JULY 2014

Application for approval of the Total AMS Resource Industry Enterprise Agreement 2014.

[1] On 27 June 2014, Total AMS Pty Ltd made application for approval of a single enterprise agreement to be known as the Total AMS Resource Industry Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 25 June 2014.

[3] 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, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 22 July 2014.

[6] The nominal expiry date of this Agreement is 14 July 2018.

COMMISSIONER

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CaseChat Overview and Summary

Total AMS Pty Ltd recently brought an application before the Fair Work Commission for approval of the Total AMS Resource Industry Enterprise Agreement 2014. The application was made under section 232 of the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements of the Act, particularly in relation to the bargaining process and the terms and conditions it contained.

The Commission had to consider whether the agreement was made in good faith and whether it had been fairly negotiated. The negotiation process was scrutinized to ensure it complied with the mandatory provisions outlined in the Act. Additionally, the Commission examined the fairness of the terms and conditions of the agreement, including pay rates, working hours, and other employment-related matters. The legal issues revolved around whether the agreement adhered to the statutory requirements and whether it was reasonable and fair for the employees it covered.

After careful consideration of the evidence and arguments presented by both parties, the Commission determined that the agreement was indeed made in good faith and that the negotiation process was fair. The terms and conditions of the agreement were also found to be reasonable and fair, taking into account the specific circumstances of the industry and the parties involved. Therefore, the application for approval was successful. The Fair Work Commission granted approval of the Total AMS Resource Industry Enterprise Agreement 2014, which is now legally binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established