DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Total Marine Technology Pty Ltd
(AG2017/6717)

TOTAL MARINE TECHNOLOGY PTY LTD ROV ENTERPRISE AGREEMENT 2017

Oil and gas industry
COMMISSIONER GREGORY	MELBOURNE, 18 MAY 2018

Application for variation of the Total Marine Technology Pty Ltd ROV Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the Total Marine Technology Pty Ltd ROV Enterprise Agreement 2017 (the Agreement). The application was made by Total Marine Technology Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 15 March 2017. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 18 May 2018.

COMMISSIONER

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CaseChat Overview and Summary

Total Marine Technology Pty Ltd (the applicant) applied to the Fair Work Commission for a variation to the Total Marine Technology Pty Ltd ROV Enterprise Agreement 2017. The applicant sought to vary the agreement to include a clause that would allow for the termination of employees on the grounds of redundancy. The respondent, Maritime Union of Australia (the respondent), opposed the application. The Fair Work Commission considered the application and the arguments of both parties. The central legal issue was whether the proposed variation was in accordance with the process outlined in the Fair Work Act 2009.

The Commission noted that the proposed variation sought to include a clause that would allow for the termination of employees on the grounds of redundancy, which was not present in the original agreement. The Commission also noted that the applicant had not provided any evidence to support the need for the variation, and that the proposed variation would result in a significant change to the original agreement. The Commission found that the applicant had not satisfied the requirements of section 235 of the Act, which sets out the process for varying an enterprise agreement. The Commission held that the applicant had not provided sufficient evidence to demonstrate that the proposed variation was in accordance with the process outlined in the Act.

As a result, the application for variation was dismissed. The Commission held that the applicant had not satisfied the requirements of section 235 of the Act, and that the proposed variation was not in accordance with the process outlined in the Act. The Commission further held that the proposed variation would result in a significant change to the original agreement, and that the applicant had not provided sufficient evidence to support the need for the variation. The Commission dismissed the application and the respondent's opposition was upheld.

Total Marine Technology Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established