DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Marine Technology Pty Ltd
(AG2017/43)

TOTAL MARINE TECHNOLOGY PTY LTD ROV ENTERPRISE AGREEMENT 2017

Oil and gas industry
COMMISSIONER ROE	MELBOURNE, 15 MARCH 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Total Marine Technology Pty Ltd ROV Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Total Marine Technology Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 15 March 2017 and, in accordance with s.54, will operate from 22 March 2017. The nominal expiry date of the Agreement is 15 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Total Marine Technology Pty Ltd applied for approval of the ROV Enterprise Agreement 2017, which was made under the Fair Work Act 2009. The application was heard by the Fair Work Commission (FWC). The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment.

The court needed to determine if the agreement contained terms that were fair and reasonable, including pay rates, classification of roles, and conditions of employment. It also needed to assess whether the agreement met the requirement of being made in good faith and whether it provided adequate protections for employees. Additionally, the court needed to consider whether the agreement was free from any coercion, duress, or other forms of unfair labour practice.

The FWC found that the agreement contained terms that were fair and reasonable, and that the parties had negotiated in good faith. The FWC also found that the agreement provided adequate protections for employees and was free from any coercion, duress, or other forms of unfair labour practice. The FWC approved the agreement, noting that it met the requirements for approval under the Fair Work Act.

The FWC ordered that the ROV Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would have effect from the date of registration. The decision of the FWC was final and binding on both parties.

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