Total AMS Pty Ltd t/a TAMS Group

[2021] FWCA 3462

[2021] FWCA 3462

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total AMS Pty Ltd t/a TAMS Group
(AG2021/5293)

TOTAL AMS RESOURCE INDUSTRY ENTERPRISE AGREEMENT 2021

Maritime industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 16 JUNE 2021

Application for approval of the Total AMS Resource Industry Enterprise Agreement 2021.

[1] Total AMS Pty Ltd has applied for approval of a single enterprise agreement known as the Total AMS Resource Industry Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns and was not opposed by the bargaining representatives.

[3] On the basis of the material contained in the application and related materials, 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.

[4] The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[5] The Agreement was approved on 16 June 2021 and, in accordance with s.54, will operate from 23 June 2021. The nominal expiry date of the Agreement is 16 June 2025.

DEPUTY PRESIDENT

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