Total Marine Technology Pty Ltd

Case [2024] FWCA 4546
[2024] FWCA 4546

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Total Marine Technology Pty Ltd

(AG2024/4862)

TOTAL MARINE TECHNOLOGY PTY LTD ROV ENTERPRISE AGREEMENT 2024

Oil and gas industry

COMMISSIONER CRAWFORD

SYDNEY, 18 DECEMBER 2024

Application for approval of the Total Marine Technology Pty Ltd ROV Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Total Marine Technology Pty Ltd ROV Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Total Marine Technology Pty Ltd. The Agreement is a single enterprise agreement.

  1. I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

  1. Noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the AWU.

  1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 18 December 2026.


COMMISSIONER

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Details
AGLC
Total Marine Technology Pty Ltd [2024] FWCA 4546
Case
[2024] FWCA 4546
Decision Date

CaseChat Overview and Summary

The applicants, Total Marine Technology Pty Ltd, sought approval of the Total Marine Technology Pty Ltd ROV Enterprise Agreement 2024 from the Fair Work Commission. The agreement sought to regulate the terms and conditions of employment for employees in the maritime industry. The respondents, including the Maritime Union of Australia, contested the application, raising concerns over the proposed changes to wages, hours of work, and other employment terms. The legal issues centred on whether the agreement provided fair and reasonable terms and conditions of employment, and whether it complied with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission examined the agreement's provisions, including the proposed wage rates, penalty rates, and other employment conditions. The Commission considered the principles of procedural fairness, the need for the agreement to provide for the efficient operation of the business, and the overall fairness of the proposed terms and conditions. The Commission also assessed the submissions and evidence provided by the parties, taking into account the economic context and industry standards. The Commission concluded that the proposed agreement provided fair and reasonable terms and conditions of employment and complied with the relevant provisions of the Fair Work Act 2009.

Accordingly, the Fair Work Commission approved the Total Marine Technology Pty Ltd ROV Enterprise Agreement 2024. The agreement, which is now legally binding, regulates the terms and conditions of employment for the employees covered by the agreement. The respondents' objections were dismissed, and the application was granted. The approval of the agreement provides certainty and stability for the parties involved and ensures that the employees are provided with fair and reasonable terms and conditions of employment.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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