Total AMS Pty Ltd Summary

[2013] FWCA 9717

FAIR WORK COMMISSION

DECISION

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

Total AMS Pty Ltd
(AG2013/10337)

TOTAL AMS PILBARA DIVING WORKS ENTERPRISE AGREEMENT 2013

Diving services
COMMISSIONER CLOGHAN	PERTH, 12 DECEMBER 2013

Application for approval of the Total AMS Pilbara Diving Works Enterprise Agreement 2013.

[1] On 5 December 2013, Total AMS Pty Ltd made application for approval of a single enterprise agreement to be known as the Total AMS Pilbara Diving Works Enterprise Agreement 2013 (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 2 December 2013.

[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 19 December 2013.

[6] The nominal expiry date of this Agreement is 18 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Total AMS Pty Ltd, the Fair Work Commission was called upon to decide on the approval of the Total AMS Pilbara Diving Works Enterprise Agreement 2013. The application for approval was brought by the employer, Total AMS Pty Ltd, and involved the Fair Work Commission's consideration of whether the agreement complied with the necessary legislative requirements and standards for enterprise agreements under the Fair Work Act 2009.

The key legal issues the Fair Work Commission had to resolve included whether the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions. Additionally, the Commission assessed whether the agreement had been properly negotiated and whether it provided adequate protections for employees' rights and interests. The Commission also examined if the agreement complied with the provisions regarding the protection of vulnerable employees, including those who may be at risk of being disadvantaged in the bargaining process.

In its decision, the Fair Work Commission concluded that the Total AMS Pilbara Diving Works Enterprise Agreement 2013 met the necessary requirements for approval. The Commission found that the agreement had been made in good faith, was properly negotiated, and contained all the mandatory minimum terms and conditions as prescribed by the Fair Work Act 2009. The Commission also determined that the agreement provided appropriate protections for employees' rights and interests, including those who might be considered vulnerable. Consequently, the Fair Work Commission approved the agreement.

The Fair Work Commission ordered that the Total AMS Pilbara Diving Works Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The Commission also directed that the agreement be published on the Fair Work Commission's website to ensure transparency and accessibility for all relevant parties. This decision provided clarity and legal certainty for both Total AMS Pty Ltd and the employees covered by the agreement.

Total AMS Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established