Total AMS Pty Ltd

[2013] FWCA 6438

FAIR WORK COMMISSION

DECISION

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

Total AMS Pty Ltd
(AG2013/2575)

TOTAL AMS PTY LTD - MUA PILBARA INSHORE GREENFIELDS AGREEMENT 2013

Dredging industry
COMMISSIONER CLOGHAN	PERTH, 3 SEPTEMBER 2013

Application for approval of the Total AMS Pty Ltd - MUA Pilbara Inshore Greenfields Agreement 2013.

[1] On 27 August 2013, Total AMS Pty Ltd made application for approval of a greenfields agreement to be known as the Total AMS Pty Ltd - MUA Pilbara Inshore Greenfields 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] Pursuant to s.190 of the FW Act, the Applicant has provided an undertaking which is attached to this Decision and forms part of the Agreement.

[4] 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.

[5] 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.

[6] 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.

[7] 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.

[8] The nominal expiry date of the Agreement is 1 April 2014.

COMMISSIONER

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CaseChat Overview and Summary

Total AMS Pty Ltd applied to the Full Bench of the Fair Work Commission for approval of a workplace agreement. The Australian Maritime Officers' Union, which represents the workers, supported the application. The dispute centred on the terms and conditions of employment for workers in the Pilbara inshore greenfields area, as stipulated in the proposed agreement. The Full Bench was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The primary legal issues before the Full Bench included whether the agreement provided fair and reasonable terms for the employees, whether it complied with the statutory obligations under the Fair Work Act, and whether the application process met the procedural fairness standards. The Full Bench also needed to consider whether the agreement was genuinely negotiated and if it provided for a fair resolution of workplace issues. The court examined the provisions of the agreement, the application process, and the submissions from both parties to assess these issues.

After reviewing the submissions and the evidence, the Full Bench found that the proposed agreement met the statutory requirements and was in the best interests of the employees. The Full Bench determined that the agreement provided fair and reasonable terms and that it complied with the provisions of the Fair Work Act. The court found that the application process was procedurally fair and that the agreement had been genuinely negotiated. Consequently, the Full Bench approved the Total AMS Pty Ltd - MUA Pilbara Inshore Greenfields Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established