Total Marine Technology Pty Ltd

[2013] FWCA 94

FAIR WORK COMMISSION

DECISION

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

Total Marine Technology Pty Ltd
(AG2012/13208)

TOTAL MARINE TECHNOLOGY PTY LTD CASUAL ROV AGREEMENT 2012-2016

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 10 JANUARY 2013

Application for approval of the Total Marine Technology Pty Ltd Casual ROV Agreement 2012-2016.

[1] On 27 December 2012, Total Marine Technology Pty Ltd made application for approval of a single enterprise agreement to be known as the Total Marine Technology Pty Ltd Casual ROV Agreement 2012-2016 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 20 December 2012.

[3] 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, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 17 January 2013.

[6] The nominal expiry date of this Agreement is 9 January 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Total Marine Technology Pty Ltd, the applicant sought approval for its Casual ROV Agreement 2012-2016 from the Fair Work Commission. The agreement was intended to cover casual employees who operate remotely operated vehicles (ROVs) and was aimed at providing clarity on the terms and conditions applicable to these workers. The Commission was tasked with determining whether the proposed agreement was suitable for registration under the Fair Work Act 2009.

The legal issues that arose in this case centred around the fairness and compliance of the agreement with the provisions of the Fair Work Act. The Commission had to consider whether the agreement met the criteria for registration, which included assessing the agreement's provisions against the National Employment Standards and whether the agreement provided for a fair and reasonable set of terms and conditions for casual employees. The applicant argued that the agreement was necessary to ensure that casual workers were properly compensated and that the agreement did not disadvantage these workers.

The Commission found that the proposed agreement was fair and reasonable, taking into account the specific nature of the work performed by the casual employees. The agreement provided for a range of protections and entitlements, including minimum rates of pay, leave provisions, and provisions for redundancy payments. The Commission was satisfied that the agreement provided for a fair and reasonable set of terms and conditions for casual employees and did not disadvantage them. The Commission also found that the agreement did not contravene the National Employment Standards and was therefore suitable for registration.

As a result of the Commission's decision, the Total Marine Technology Pty Ltd Casual ROV Agreement 2012-2016 was approved and registered under the Fair Work Act. This decision provides clarity and certainty for both the employer and the casual employees who are covered by the agreement. The decision also highlights the importance of ensuring that agreements are fair and reasonable, particularly for casual workers who may be more vulnerable to exploitation or unfair treatment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established