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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Total AMS Pty Ltd, trading as TAMS Group, filed an application for the approval of the Total AMS Resource Industry Enterprise Agreement 2021. The application was heard by the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements under the Fair Work Act 2009. The dispute centred around the fairness and compliance of the proposed agreement, with particular attention to the terms and conditions of employment, remuneration, and procedural fairness.

The primary legal issues that the Fair Work Commission was required to determine involved whether the agreement was procedurally sound, meaning whether the appropriate bargaining processes were followed, and whether the terms of the agreement were fair and reasonable. The Commission had to ensure that the agreement did not adversely affect employees' rights or entitlements and that it was made in good faith. Additionally, the Commission considered whether the agreement adequately provided for the negotiation of future changes and if it balanced the interests of both employers and employees.

In rendering its decision, the Fair Work Commission found that the application for approval met the necessary procedural requirements. The Commission noted that the bargaining process was conducted in good faith and that the agreement contained fair and reasonable terms. It was determined that the agreement did not unfavorably impact the employees' rights or entitlements, and it sufficiently allowed for future negotiations. The Commission also concluded that the balance between the interests of employers and employees was appropriately maintained. Based on these findings, the Commission approved the Total AMS Resource Industry Enterprise Agreement 2021.

The Fair Work Commission's final order was the approval of the Total AMS Resource Industry Enterprise Agreement 2021, effective from the date of the decision. This approval allows the agreement to be implemented, thereby setting the terms and conditions of employment for the relevant workforce under the provisions of the Fair Work Act 2009.

Total AMS Pty Ltd t/a TAMS Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established