Total AMS Pty Ltd

[2013] FWCA 6526

FAIR WORK COMMISSION

DECISION

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

Total AMS Pty Ltd
(AG2013/2642)

TOTAL AMS PTY LTD AMOU WHEATSTONE DREDGING WORKS GREENFIELDS ENTERPRISE AGREEMENT 2013

Dredging industry
COMMISSIONER CLOGHAN	PERTH, 9 SEPTEMBER 2013

Application for approval of the Total AMS Pty Ltd AMOU Wheatstone Dredging Works Greenfields Enterprise Agreement 2013.

[1] On 29 August 2013, Total AMS Pty Ltd made application for approval of a greenfields agreement to be known as the Application for approval of the Total AMS Pty Ltd AMOU Wheatstone Dredging Works Greenfields Enterprise 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 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.

[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 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Total AMS Pty Ltd and the Fair Work Commission. The dispute centred on the approval of the Total AMS Pty Ltd AMOU Wheatstone Dredging Works Greenfields Enterprise Agreement 2013. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission had to address included whether the agreement provided for fair and reasonable terms and conditions, if it complied with the process requirements of the Act, and if the agreement had been genuinely negotiated between the employer and the employees. Additionally, the Commission considered whether the agreement was in the best interest of the employees and if it met the criteria for a single-enterprise agreement.

The Fair Work Commission found that the agreement was fair and reasonable, had been genuinely negotiated, and was in the best interests of the employees. The Commission also concluded that the agreement complied with the process requirements of the Act. Consequently, the Commission approved the Total AMS Pty Ltd AMOU Wheatstone Dredging Works Greenfields Enterprise Agreement 2013. The approval was subject to specific conditions and the agreement was registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established