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Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
Atlas Programmed Marine (Australia) Pty Ltd
(AG2020/3758)
ATLAS PROGRAMMED MARINE (AUSTRALIA) PTY LTD -
WESTERN AUSTRALIA AND NORTHERN TERRITORY OFFSHORE
CONSTRUCTION PROJECTS GREENFIELDS AGREEMENT 2020 -
2024
Building, metal and civil construction industries
COMMISSIONER HUNT BRISBANE, 12 JANUARY 2021
Application for approval of the Atlas Programmed Marine (Australia) Pty Ltd - Western
Australia and Northern Territory Offshore Construction Projects Greenfields Agreement
2020 - 2024.
[1] Atlas Programmed Marine (Australia) Pty Ltd (the Employer) has applied for approval
of an enterprise agreement known as the Atlas Programmed Marine (Australia) Pty Ltd -
Western Australia and Northern Territory Offshore Construction Projects Greenfields
Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the
Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.
[2] The Commission raised certain concerns regarding the Agreement with the Employer,
and as a result, written undertakings were provided by the Employer. A copy of the
undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of
the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known
as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical,
Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the
CEPU) and The Australian Workers’ Union (the AWU) regarding the undertakings, allowing
a period of two business days to provide any views. I did not receive any correspondence
from the AMWU, the CEPU or the AWU regarding the undertakings.
[3] This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.
[4] Subject to the undertakings, I am satisfied that each of the requirements of ss.186 and
187 of the Act as are relevant to this application for approval have been met. In accordance
with s.187(5)(a) of the Act, I am satisfied that the AMWU, the CEPU and the AWU are
entitled to represent the industrial interests of a majority of employees who will be covered by
[2021] FWCA 122
DECISION
FairWork
Commission
AUSTRALIA FairWork Commission
[2021] FWCA 122
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the Agreement in relation to work that is to be performed under it. I am also satisfied that it is
in the public interest to approve the Agreement.
[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU, the
CEPU and the AWU and that the Agreement covers them.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
19 January 2021. The nominal expiry date of the Agreement is 16 August 2024.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
AE510071 PR726102
THE ALORS FA THE COMMISSION THE SEAL
[2021] FWCA 122
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Annexure A:
IN THE FAIR WORK COMMISSION
FWC Matter No.:
AG2020/3758
Applicant:
Atlas Programmed Marine (Australia) Ply ltd
Section 185 - Application for approval of Atlas Programmed Marine (Australia) Ply Ud •
Westem Australia and Northern Territory Offshore C-Onstruction Projects Greenfie/ds
Agreement 2020- 2024.
Undertaking- Section 190
I, Bruce Duploek, Senior Manager • Employee Relations for Atlas Programmed Marine
(Australia) give the following undertakings with respect to the A tlas Programmed Marine
(Austral ia) Pty Ltd - Western Australia and Northern Territory Offshore Construction
Projects Greenflelds Agreennent 2020 - 2024 ("the Agreement").
1. I have the authority given to me by Atlas Programmed Marine (Australia) Pty ltd to
provide this undertaking in relation to the applicat ion before the Fair Work
Commission.
2. The Agreement will be read and interpreted In conjunction with the National
Employment Standards .. Where there is inconsistency be'lween the agreement and the
National Employment Standards, and the National Employment Standards provides
greater benefH, the Nat'ional Employment Standards provision will apply to the extent
of the inconsistency.
3. The Company undertakes that the National Employment Standards pmcedence term
at Clause 4.5 shall have full effect and dismissal without notice provided for in Clause
6.9 of the Agreement shall only be made on the grounds of serious misconduct, not
general misconduct.
4. These undertakings are provided on the basis of issues raised by the Fair Work
Commission In the application before the Fair Work Commission.
Signed by Atlas Pr rammed Marine (Australia) Pty Ltd
Date
IN THE FAIR WORK COMMISSION FWC Matter No .: AG2020/3758 Applicant: Atlas Programmed Marine (Australia) Pty Ltd Section 185 - Application for approval of Atlas Programmed Marine (Australia) Pty Ltd - Western Australia and Northern Territory Offshore Construction Projects Greenfields Agreement 2020 - 2024. Undertaking- Section 190 I, Bruce Duplock, Senior Manager - Employee Relations for Atlas Programmed Marine (Australia) give the following undertakings with respect to the Atlas Programmed Marine (Australia) Pty Ltd - Western Australia and Northern Territory Offshore Construction Projects Greenfields Agreement 2020 - 2024 ("the Agreement"). 1. I have the authority given to me by Atlas Programmed Marine (Australia) Pty Ltd to provide this undertaking in relation to the application before the Fair Work Commission. 2. The Agreement will be read and interpreted in conjunction with the National Employment Standards. Where there is inconsistency between the agreement and the National Employment Standards, and the National Employment Standards provides greater benefit, the National Employment Standards provision will apply to the extent of the inconsistency. 3. The Company undertakes that the National Employment Standards precedence term at Clause 4.5 shall have full effect, and dismissal without notice provided for in Clause 6.9 of the Agreement shall only be made on the grounds of serious misconduct, not general misconduct. 4. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Basil B. DUPLOCK Signed by Atlas Programmed Marine (Australia) Pty Ltd 22 DEL20 Date
Atlas Programmed Marine (Australia) Pty Ltd
Western Australia and Northern Territory
Offshore Construction Projects
Greenfields Agreement
2020 -2024
- - Atlas Programmed Marine (Australia) Pty Ltd Western Australia and Northern Territory Offshore Construction Projects Greenfields Agreement 2020 - 2024
furfaro
Undertaking Stamp
Atlas Programmed Marine (Australia) Pt~ Ltd WA & NT Offt.hore Conatrudlon PtJeCIIJ Greenfield11 Agreement 2020 •
2024 - ----------·• --- -·
1. TITLE
This Agreement shall be known as the Atlas Programmed Marine (Australia) Pty Ltd-Western
Australia and Northern Territory Offshore Construction ProJeets Greenlields Agreement 2020 •
2024 (Agreement).
2. ARRANGEMENT
Clause SubJect
1. Title
2. Arrangement
3. Parties Bound
4. Scope of Agreement
5. Duration
6. Contract of Employment
7. Local Content
8. Hours of Work
9. Work Cycles
10. Point of Assembly and Transportation
11 . Mobllisatlon and Demobillsatlon Arrangements
12. Cyclone Procedure
13. Wages and Allowances
14. Superannuation
15. Income Proteotlon Insurance
16. Accident Make Up Pay
17. Long Service Leave
1 B. Issues Resolutlon Procedure
19. Resolution of Complaints by the Company against an Employee
20. Protective Clothl119
21. Safety
22. First Aid
23. Reporting of Sickness and Accidents
24. Security
25. Accommodation and Meals
26. Individual Flexlblllty Arrangement
27. Consultation of Major Change
28. Drugs and Afcohol
29. No Extra Clalms
30. Signatures
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Atlas Programmed Marine (Australia) Pty Ltd WA & NT Offshore Construction Projects Greenfielde Agreement 2020- 2024 1. TITLE This Agreement shall be known as the Atlas Programmed Marine (Australia) Pty Ltd - Western Australia and Northern Territory Offshore Construction Projects Greenfields Agreement 2020 - 2024 (Agreement) 2. ARRANGEMENT Clause Subject 1. Title 2. Arrangement 3. Parties Bound 4. Scope of Agreement 5. Duration 6. Contract of Employment 7. Local Content 8. Hours of Work 9. Work Cycles 10. Point of Assembly and Transportation 11. Mobilisation and Demobilisation Arrangements 12. Cyclone Procedure 13. Wages and Allowances 14. Superannuation 15. Income Protection Insurance 16. 17. Accident Make Up Pay Long Service Leave 18. Issues Resolution Procedure 19. Resolution of Complaints by the Company against an Employee 20. Protective Clothing 21. Safety 22. First Aid 23. 24. Reporting of Sickness and Accidents Security 25. 26. Accommodation and Meals Individual Flexibility Arrangement 27. Consultation of Major Change 28. Drugs and Alcohol 29. No Extra Claims 30. Signatures Page 2
Atlas Programmed Marine (Australia) Pty Ud WA & NT Offshore Construction Ptojacis Greenllelds Agreement 2020-
2024
3. PARTIES BOUND
This Agreement shall be binding on Atlas Programmed Marine (Australia) ?ty Ltd (the
Company} and the Automotive, Food, Metals, Engineering, Ponting and Kindred Industries
Union of Workers (AMWU} and the Communications, Electrical, Electronic, Energy,
Information, Postal, Plumbing and Allied Services Urilon of Australia (CEPU) and the Australian
Workers Union (AWU).
4. SCOPE OF AGREEMENT
4.1 This Agreement applies too:
4.1.1 The employer Atlas Programmed Marine (Australia) Pty Ltd); and
4.1.2 All employees employed by the employer, In the Classlflcatlons contained in Clause 13 of this
Agreement while engaged in the Offshore Constr1.1cti0n Industry off the Western Australian and
Northern Territory coasts, within the Australian Excf1.1sive Economic Zone as defined In the Fair
Work Act 200!:l
4.2 The definition of Offshore Construction for the purpose of the appllcatlon of this agreement
means the lnstallatlon of struclures on new oa and gas facilities coming Into production for the
first time or extend Its production by Installing new wells to .an existing faclllty. Offshore
Construction work Involves:
a) Installation of offshore Platforms fixed or floating
b) Launch and placement of Jackets
c) Setting of Topsides
d) Laying of new Umbutcals, Pipelines and Flow Lines
e} New Subsea lnstallatlons
f) Setting of Risers and associated Mooring Systems for offshore production Facilities and
Platforms.
4.3 The Intent of this agreement is not be used for the following actMtles;
a) Hook-up or Commissioning
b) Repair, replacement or remedial work on existing facilities or Infrastructures; or
c) Production work.
4.4 Except as provided In this Agreement, the terms of this Agreement shaR operate to the exclW3ion
of any Federal or State Award and agreement that would otherwise regulate the terms and
conditions of employment of employees covered by this agreement
4.5 To avoid doub~ nothing In this Agreement is Intended to operate Inconsistently with the NES.
The NES wi\l apply to the extent that any term of this Agreement Is detrimental In any respect
when compared with the NES.
5. DURATION
This Agreement shaU operate from seven (7) days after the date it ls approved by Fair Work
Australia and shall have a nominal expiry date of 16 August 2024.
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Atlas Programmed Marine (Australia) Pty Ltd WA & NT Offshore Construction Projects Greenfields Agreement 2020- 2024 3. PARTIES BOUND This Agreement shall be binding on Atlas Programmed Marine (Australia) Pty Ltd (the Company) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (GEPU) and the Australlan Workers Union (AWU). 4. SCOPE OF AGREEMENT 4.1 This Agreement applies too: 4.1.1 The employer Atlas Programmed Marine (Australia) Pty Ltd); and 4.1.2 All employees employed by the employer, in the Classifications contained in Clause 13 of this Agreement while engaged in the Offshore Construction Industry off the Western Australian and Northern Territory coasts, within the Australian Exclusive Economic Zone as defined In the Fair Work Act 2009 4.2 The definition of Offshore Construction for the purpose of the application of this agreement means the installation of structures on new oil and gas facilities coming into production for the first time or extend its production by installing new wells to an existing facility. Offshore Construction work Involves: a) Installation of offshore Platforms fixed or floating b) Launch and placement of Jackets 0) Setting of Topsides d) Laying of new Umbilicals, Pipelines and Flow Lines e) New Subsea Installations f) Setting of Risers and associated Mooring Systems for offshore production Facilities and Platforms. 4.3 The Intent of this agreement is not be used for the following activities; a) Hook-up or Commissioning b) Repair, replacement or remedial work on existing facilities or infrastructures; or c) Production work. 4.4 Except as provided in this Agreement, the terms of this Agreement shall operate to the exclusion of any Federal or State Award and agreement that would otherwise regulate the terms and conditions of employment of employees covered by this agreement 4.5 To avoid doubt, nothing in this Agreement is Intended to operate Inconsistently with the NES. The NES will apply to the extent that any term of this Agreement is detrimental in any respect when compared with the NES. 5. DURATION This Agreement shall operate from seven (7) days after the date it is approved by Fair Work Australla and shall have a nominal expiry date of 16 August 2024. Page 3
AUas Prag rammed Marina (Australia) pty Ltd WA a NT Offehora Con&huotlon Projects Greenflekfs Agteemal'lt 2020-
2024
G. CONTRACT OF EMPLOYMENT
6.1 It Js agreed that all employee, engaged under this Agreement wlll be employed and paid on a
cssual basis under this agreement.
6.2 A casual employee Is one who is·engaged and paid as such and whose employment may be
terminated at any time.
6.8 In recognition of their employment as a casual, employees shall bEI paid a casual loading of
twenty-five (25%) percent The ordinary hourly rates of pay specified in Clause 13 of this
Agreement are inclusive of this twenty-five (25} percent loading. The 25% loading la paid In lieu
of personal leave, annual leave, publlo holidays, compassionate leave or other fonns of leave
or any other permanent employment entitlement 8$ prescclbed under the NES. Pennanent
entitlements wlll not apply to such employees engaged unc:ler this agreement.
6.4 Employees engaged under this Agreement shall:~
6.4.1 Perform such work (including shift work) and In such weather conditions as the Company shall
from time to time require, so long as It Is safa to do so.
6.4.2 Comply with the requirements of the Employer to work reasonable scheduled and unscheduled
hours at the rates prescribed herein.
6.4.3 Use such protective clothing and equipment provided by the Employer for specific
circumstances.
6.4.4 Com ply with any direcUon of the Employer to work as required.
6.4.5 Observe directions given from ttme to time by the Employer to provide an orderly and safe
workplace, Including maintaining the workplace and equipment in a clean and safe condition.
6.4,6 Comply with health and safety po_licles and procedures determined by the Employer and attend
safety meetings, drills and trainlng and, after being suitably trained, act as a rnernber of the
emergency and fire crews as required by the Employer.
6.4.7 Employees undertaking online or theatre style Inductions, verification of oompete·ney (VOC) or
other job task speciflo training as directed by the Employer, the Employer wlll pay the employee
in accordance with the Memorandum of Understanding (MOU). An MOU specific to each project
will be agreed between the parties prior to the commencement of such training. The Employer
will also pay the cost for all such training courses, voe and medical and dl'l.!9 and alcohol
examination costs.
6.4.8 The Employer will provide a retum economy airfare to the closest capital city airport of the
employee's residence and if necessary, accommodation and a meal allowance for those
employees required to attend training, VOC or Induction courses outside of their home State or
Territory.
6.4.9 Where the Employee chooses not to mobilise and the induction, voe or training has been
undertaken, the time spent attending such requirements will not be paid.
6.4.1 O Comply with the provisions of Clause 18 Issues Resolution Procedure of this Agreement
6.4.11 Not depart from the offshore faelllties, unless authorised by the Employer to go onahore.
6.5 The Employer may direct an employee and the employee shall carry out those duties and w.e
the tools and equipment as may bEI requlred provided that the employee is competent to use
them and that the direction Is consistent with the Employers l'e$ponslbillty to provide a healthy
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Alias Programmed Marine (Australia) Pty Ltd WA & NT Offshore Construction Projects Greenfields Agreement 2020- 2024 6. CONTRACT OF EMPLOYMENT 6.1 It Is agreed that all employees engaged under this Agreement will be employed and paid on a casual basis under this agreement. 6.2 A casual employee is one who is engaged and paid as such and whose employment may be terminated at any time. 6.3 In recognition of their employment as a casual, employees shall be paid a casual loading of twenty-five (25%) percent. The ordinary hourly rates of pay specified in Clause 13 of this Agreement are inclusive of this twenty-five (25) percent loading. The 25% loading is paid In lieu of personal leave, annual leave, public holidays, compassionate leave or other forms of leave or any other permanent employment entitlement as prescribed under the NES. Permanent entitlements will not apply to such employees engaged under this agreement. 6.4 Employees engaged under this Agreement shall- 6.4.1 Perform such work (including shift work) and In such weather conditions as the Company shall from time to time require, so long as It is safe to do so. 6.4.2 Comply with the requirements of the Employer to work reasonable scheduled and unscheduled hours at the rates prescribed herein. 6.4.3 Use such protective clothing and equipment provided by the Employer for specific circumstances. 6.4.4 Comply with any direction of the Employer to work as required. 6.4.5 Observe directions given from time to time by the Employer to provide an orderly and safe workplace, including maintaining the workplace and equipment in a clean and safe condition. 6.4.6 Comply with health and safety policies and procedures determined by the Employer and attend safety meetings, drills and training and, after being suitably trained, act as a member of the emergency and fire crews as required by the Employer 6.4.7 Employees undertaking online or theatre style inductions, verification of competency (VOC) or other job task specific training as directed by the Employer, the Employer will pay the employee in accordance with the Memorandum of Understanding (MOU). An MOU specific to each project will be agreed between the parties prior to the commencement of such training. The Employer will also pay the cost for all such training courses, VOC and medical and drug and alcohol examination costs. 6.4.8 The Employer will provide a return economy airfare to the closest capital city airport of the employee's residence and if necessary, accommodation and a meal allowance for those employees required to attend training, VOC or Induction courses outside of their home State or Territory. 6.4.9 Where the Employee chooses not to mobilise and the induction, VOC or training has been undertaken, the time spent attending such requirements will not be pald. 6.4.10 Comply with the provisions of Clause 18 Issues Resolution Procedure of this Agreement. 6.4.11 Not depart from the offshore facilities, unless authorised by the Employer to go onshore. 6.5 The Employer may direct an employee and the employee shall carry out those duties and use the tools and equipment as may be required provided that the employee is competent to use them and that the direction is consistent with the Employers responsibility to provide a healthy Page 4
Atlas Programmed Marine (Australia) pty Ud WA & NT Offshore Con$1l'Uctlon ProJecte Greenfteld11Agreament 2020-
2024
and safe working environment.
6,6 An employee $hall have no right to be paid for any time that they are not ready, willing and
available to follow all lawful directions of the Employer or to earry out duties that they are
competent to perform provided that such direction ls ocnsistant with the Ernployers
responslblllty to provide a healthy and safe working environment
6.7 An employee not attending for duty shall lose pay for the actual time of Stich non- attendance.
6.8 The Employer may suspend an employee from duty for refusal or negfeet or duty, or misconduct
by the employee, provided that this subclause wlU not affect 1he right of the Employer to dismiss
an employee in accordance with the provisions of subclause 6.9 of this Agreement
6.9 The provisions of this Clause shall not affect the right of the Employer to dlsm is& an employee
without notice for refusal or neglect of duty or misconduct and In such cases the employee's
wages shall be patd up to the lime of dismissal only. The Employer shall also have the right to
dismiss an employee who has In 1helr possession or consumes or uses any spirits or alcohol or
prohibited drugs whilst belng 1ransported by boat, fixed wing aircraft, helicopter or whilst
offshore.
6.10 The Employer may stand down any employee without pay for any day during which such
employee cannot be usefully employed because of any strike, breakdown in machinery or
stoppage of work {excluding weather conditions} due to any cause for whlch the Employer
oannot be held responsible. An employee who has been stood down shall be transported ashore
by the first reasonable available means. Except In the event of Incessant strikes or worl(
stoppages by employees, members of one or more unions represented on the offshore
equipment whlch forces all construction work to cease entirely, such stand down shall only
commence from the tlme the employee reaches an onshore facility.
6.11 Except as otherwise prescribed e[sewhare in thls Agreement; employees will be paid for any
shift that the employee is stood down by the Employer as though they were at work. The
employee will continue to receive such payment for each shift that the employee is rostered on
duty or until the employment contract is tennlnated.
6.12 If an employee Is a shirt worker for the purpose of the national Employment Standards (NES)
or under a modem award that covers the employee, then the employee is a shift worker under
this Agreement for the purposes of the N ES.
6.13 The employer wm not engage a 3rd party to fill any of the classifications covered by this
agreement with the intent of reducing wages and allowances.
7. LOCAL CONTENT
7.1 The employer Is committed to the recruitment of Its employee's from the closest town or city to
the projecl location. All employees must have the required skllls, pre requisite qualifications and
experience as set out by the Employer for each project. The employer Is also committed to the
recruitment of Indigenous Australlans who possess the fundamental skills necessary for the
project. Should the employer not find suitable experienced personnel from the closest town or
city to the project, the employer wl!I extend Its recruitment In the following order,
• For Westem Australian Projects
1st Preference • Residents of Western Australia
2nd Preference - Austral/an Residents
• For Northern Territory Projects
1a1 Preference- Residents of Northern Territory
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Atlas Programmed Marina (Australia) Pty Ltd WA & NT Offshore Construction Projects Greenfields Agreement 2020- 2024 and safe working environment. 6.6 An employee shall have no right to be paid for any time that they are not ready, willing and available to follow all fawful directions of the Employer or to carry out duties that they are competent to perform provided that such direction Is consistent with the Employers responsibility to provide a healthy and safe working environment. 6.7 An employee not attending for duty shall lose pay for the actual time of such non- attendance. 6.8 The Employer may suspend an employee from duty for refusal or neglect of duty, or misconduct by the employee, provided that this subclause will not affect the right of the Employer to dismiss an employee in accordance with the provisions of subclause 6.9 of this Agreement. 6.9 The provisions of this Clause shall not affect the right of the Employer to dismiss an employee without notice for refusal or neglect of duty or misconduct and in such cases the employee's wages shall be pald up to the time of dismissal only. The Employer shall also have the right to dismiss an employee who has in their possession or consumes or uses any spirits or alcohol or prohibited drugs whilst being transported by boat, fixed wing aircraft, helicopter or whilst offshore. 6.10 The Employer may stand down any employee without pay for any day during which such employee cannot be usefully employed because of any strike, breakdown in machinery or stoppage of work (excluding weather conditions) due to any cause for which the Employer cannot be held responsible. An employee who has been stood down shall be transported ashore by the first reasonable available means. Except in the event of Incessant strikes or work stoppages by employees, members of one or more unions represented on the offshore equipment which forces all construction work to cease entirely, such stand down shall only commence from the time the employee reaches an onshore facility 6.11 Except as otherwise prescribed elsewhere in this Agreement; employees will be paid for any shift that the employee is stood down by the Employer as though they were at work. The employee will continue to receive such payment for each shift that the employee is rostered on duty or until the employment contract is terminated. 6.12 If an employee Is a shift worker for the purpose of the national Employment Standards (NES) or under a modem award that covers the employee, then the employee is a shift worker under this Agreement for the purposes of the NES. 6.13 The employer will not engage a 30 party to fill any of the classifications covered by this agreement with the intent of reducing wages and allowances 7. LOCAL CONTENT 7.1 The employer is committed to the recruitment of Its employee's from the closest town or city to the project location. All employees must have the required skills, pre requisite qualifications and experience as set out by the Employer for each project. The employer is also committed to the recruitment of Indigenous Australians who possess the fundamental skills necessary for the project. Should the employer not find suitable experienced personnel from the closest town or city to the project, the employer will extend its recruitment in the following order; . For Western Australian Projects 1ª Preference - Residents of Western Australia 2nd Preference - Australian Residents For Northern Territory Projects 1ª Preference - Residents of Northern Territory Page 5
Allas Programmed Marine {AustraUa) Ply Ltd WA & NT Offshore Construction ProJecla Greenfields Agreement 2020-
2024
2nd Preference -Austral!an Residents
7,2 To satisfy that an employee meets the above criteria, proof of residential address must be
provided to the employer during the recruitment process such as a valid and currentAlls(mlian
Driving Licenses. Rental Agmea,entor utilities notice. The employer may at Its discretion; hire
an emploYee outside of trie above criteria if the employee has a specific skill, vessel/barge
experience or a personal circumstance that would otheiwlse allow them to meet the criteria.
8. HOURS OF WORK
8.1 Employees shall be rostered to work welve (12) hour r;ihlfts, inclusive of rest and meal breaks.
Work $hall be organi,ed across the twenty-four hours of each day by scheduling two shifts.
Work wtu be scheduled to conUnue day by day untB the Job ls completed, although the scheduled
start and finish times of each shift may be varied to suit operational requirements. The hours of
work are a minimum of eighty four (84) hours per week over a work cycle defined In clause 9,
Weekly hours comprise of thirty six (36) ordinary hours and forty eighty ( 48) addition al overtime
hours. Th& average of eighty four (84) hours per week over the work cycle ls required to meet
the operational requirements of the Employer and the employees will t;Je advised of the
requirement to work these hours before commencing employment.
8.2 The thlrty six (35) ordinary hours shall be work as 7 .2 ordinary hours each day Monday to Friday
inclusive. Hours worked In excess of 7.2 ordinary hours on Monday to Friday shall be paid at
double the applicable ordinary hourly rate.
8.3 Hours worked on Saturday and Sunday shall be paid at double the applicable ordinary hourly
rate.
8.4 All time worked in excess of the scheduled twelve (12) hours per day or shift, shall be known as
"over roster" and shall be paid at double the applicable ordinary hourly rate.
8.5 Payment for work perfonned on each day shall stand alone.
8.6 On each shift an employee shall be allowed thirty (30) minutes tor a meal break which shall be
counted as tlme worked. In addition, two fifteen (15) minute rest breaks shall be allowed, one
to be taken during the first half of the day or shift and the other during the second half of the
shift. Rest and Meal breaks shall be taken subject to the observance of the Employees Its
Client's safety regulations.
8. 7 Employees shall take a meal break as required in accordanoe with an established roster to allow
for continuity of work.
8.8 Subject to the provisions of this Clause, when "over roster" hours are worked It shall, wherever
reasonably practical, be arranged so that employees have at least ten (10) consecutive hours
off duty between work on consecutive days or shifts. An employee whO has not had at least ten
{10) consecutive hours off duty between these times shall be raleasad after completion of such
duty until they have had ten (10) consecutive hours off duty without loss of pay for scheduled
time occurring during such absence. An employee who does not have a ten (1 O) hour rest break
between works on consecutive days shall be paid at double the appllcable ordinary hourly rate
until such time as the employee has a ten (10) hour break.
8.9 AA employee who is recalled to work after completion of their scheduled offshore shift (whether
notified before or after such completlon) shall be paid a minimum of four (4) hours pay at double
the applicable ordinary hourly rate. The employee shall not be required to work the full fOur (4)
hours if the work the ernpJoyee was called out to perform Is completed wfttlln a shorter period.
8.10 All time worked In excess of the defined and agreed work cycle shall be known as "over cycle'1
Pag&8
Atas Programmed Marine (Australia) Pty Ltd WA & NT Offshore Construction Projects Greenfields Agreement 2020 - 2024 2nd Preference - Australian Residents 7.2 To satisfy that an employee meets the above criteria, proof of residential address must be provided to the employer during the recruitment process such as a valid and current Australian Driving Licenses. Rental Agreement or Utilities notice. The employer may at its discretion; hire an employee outside of the above criteria if the employee has a specific skill, vessel/barge experience or a personal circumstance that would otherwise allow them to meet the criteria. 8. HOURS OF WORK 8.1 Employees shall be rostered to work twelve (12) hour shifts, inclusive of rest and meal breaks. Work shall be organised across the twenty-four hours of each day by scheduling two shifts. Work will be scheduled to continue day by day until the job is completed, although the scheduled start and finish times of each shift may be varied to suit operational requirements. The hours of work are a minimum of eighty four (84) hours per week over a work cycle defined in clause 9. Weekly hours comprise of thirty six (36) ordinary hours and forty eighty (48) additional overtime hours. The average of eighty four (84) hours per week over the work cycle is required to meet the operational requirements of the Employer and the employees will be advised of the requirement to work these hours before commencing employment. 8.2 The thirty six (36) ordinary hours shall be work as 7.2 ordinary hours each day Monday to Friday inclusive. Hours worked In excess of 7.2 ordinary hours on Monday to Friday shall be paid at double the applicable ordinary hourly rate. 8.3 Hours worked on Saturday and Sunday shall be paid at double the applicable ordinary hourly rate 8.4 All time worked in excess of the scheduled twelve (12) hours per day or shift, shall be known as "over roster" and shall be paid at double the applicable ordinary hourly rate. 8.5 Payment for work performed on each day shall stand alone 8.6 On each shift an employee shall be allowed thirty (30) minutes for a meal break which shall be counted as time worked. In addition, two fifteen (15) minute rest breaks shall be allowed, one to be taken during the first half of the day or shift and the other during the second half of the shift. Rest and meal breaks shall be taken subject to the observance of the Employees Its Client's safety regulations. 8.7 Employees shall take a meal break as required in accordance with an established roster to allow for continuity of work. 8.8 Subject to the provisions of this Clause, when "over roster" hours are worked it shall, wherever reasonably practical, be arranged so that employees have at least ten (10) consecutive hours off duty between work on consecutive days or shifts. An employee who has not had at least ten (10) consecutive hours off duty between these times shall be released after completion of such duty until they have had ten (10) consecutive hours off duty without loss of pay for scheduled time occurring during such absence. An employee who does not have a ten (10) hour rest break between works on consecutive days shall be paid at double the applicable ordinary hourly rate until such time as the employee has a ten (10) hour break. 8.9 An employee who is recalled to work after completion of their scheduled offshore shift (whether notified before or after such completion) shall be paid a minimum of four (4) hours pay at double the applicable ordinary hourly rate. The employee shall not be required to work the full four (4) hours if the work the employee was called out to perform is completed within a shorter period. 8.10 All time worked in excess of the defined and agreed work cycle shall be known as "over cycle" Page 8
Atlas Progllllllmed Marl mil (Australia) pty Ltd WA & NT Off&hore Construction Projects Greenffelds Agreement 2020-
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and shall be paid at double the appl!Cable ordinary hourly rate.
6.11 Notwllhstandin9 anything contained elsewhere with In th ls Agreement, time worked in excess of
or outside the scheduled offshore roster and/or work cycle ahall not attract overtime payments
tf:-
8.11.1 it Is due to private artangements between employees themselves subject to the agreement or
the Employer;
8.11.2 It Is for the purpose of effecting a rotation of shifts; or
8.11.3 it is time associated wiU1 sar-ety drflls, or safety meetings conducted immedlately prior to the
commencement of the shift.
8.11.4 wort shall be scheduled to continue day by day until the Job Is completed without inlerruptlon
for public holidays Irrespective of the time of the year on which those holidays fall, lneludlng the
Christmas/New Year holiday perlod.
9. WORK CYCLES
9.1 Except as otherwise agreed, work will be organised on an agreed work cycle and roster basis.
In the event that a work cycle cannot ba agreed, work shall be rostered over an even time work
cycle, e.g twenty-one (21) days of wort (or on duty time) followed by twenty-one (21) days of
off duty time.
9.2 Employees wiU not be required to work in excess of the specified work cycle above other than
In exceptional circumstances. Employees who work In excess of the defined and agreed work
cycle shall be paid !n accordance with subcl~1.uie 8.10 of this Agreement for each day worked
In excess of the specified work cycle ("over cycle").
9;3 The employee's roster cycle wlll commenc;:e when the employee arrives at th& designated work
stte. The employee's lirst and last cycle may vary in duration In order to give effect to the setting
up of the roster change arrangements. enable a staggered crew change and for the completion
of a scope of work. The employee's first and last rotation wlll not extend beyond the durations
as set out In this clause.
9.4 The employee's Initial mobilisation and fmal demobilisation dates will be advised as soon as
practicable with all lntentlons by the Employer to advise 2 weeks' notice in advance.
9.5 For barges/vessels or facilities that have a standalone scope of up to 30 days, employees may
be rostered for a 30-day duration and will not be subject to payments In accordance with
subclause 8.10 of this agreement until day 30 has passed.
8.6 Should crew remain on-board for 31 days or more, clause 8.10 wlll apply retrospectrvely from
day 22 until such time as the employeels are demoblllsed from the project
9.7 Each time clause 9.5 ls to be used, the Employer wlll Inform the unions (prior to the work force
being engaged) Its Intention use clause 9.5 to ensure the Intent of clause 9.6 and 9.6 ls correctly
applied.
10. POINT OF ASSEMBLY AND TRANSPORTATION
10.1 The Point of Assembly as agreed between the parties to this Agreement shall be advised to
each employee for each project For all employees the Point of Assembly shall be either Perth
or Darwin Ailports {except for employees whose Point of Hire ls Karratha or Broome In wtlich
case the Point of Assembly Is Karratha or Broome but only for Offshore Construction Projects
occurring in their geographical vicinity shall be Karratha or Broome Airports}. For employees
Page 7
Atlas Programmed Marine (Australia) Pty Ltd WA & NT Offshore Construction Projects Greenfields Agreement 2020- 2024 and shall be paid at double the applicable ordinary hourly rate. 8.11 Notwithstanding anything contained elsewhere within this Agreement, time worked in excess of or outside the scheduled offshore roster and/or work cycle shall not attract overtime payments if :- 8.11.1 It is due to private arrangements between employees themselves subject to the agreement of the Employer; 8.11.2 It is for the purpose of effecting a rotation of shifts; or 8.11.3 it is time associated with safety drlils, or safety meetings conducted immediately prior to the commencement of the shift. 8.11.4 work shall be scheduled to continue day by day until the job is completed without interruption for public holidays irrespective of the time of the year on which those holidays fall, Including the Christmas/New Year holiday perlod. 9. WORK CYCLES 9.1 Except as otherwise agreed, work will be organised on an agreed work cycle and roster basis. In the event that a work cycle cannot be agreed, work shall be rostered over an even time work cycle, e.g twenty-one (21) days of work (or on duty time) followed by twenty-one (21) days of off duty time. 9.2 Employees will not be required to work in excess of the specified work cycle above other than In exceptional circumstances. Employees who work in excess of the defined and agreed work cycle shall be paid in accordance with subclause 8.10 of this Agreement for each day worked In excess of the specified work cycle ("over cycle"). 9.3 The employee's roster cycle will commence when the employee arrives at the designated work site. The employee's first and last cycle may vary in duration in order to give effect to the setting up of the roster change arrangements, enable a staggered crew change and for the completion of a scope of work. The employee's first and last rotation will not extend beyond the durations as set out in this clause. 9.4 The employee's initial mobilisation and final demobilisation dates will be advised as soon as practicable with all intentions by the Employer to advise 2 weeks' notice in advance. 9.5 For barges/vessels or facliltles that have a standalone scope of up to 30 days, employees may be rostered for a 30-day duration and will not be subject to payments In accordance with subclause 8.10 of this agreement until day 30 has passed. 9.6 Should crew remain on-board for 31 days or more, clause 8.10 will apply retrospectively from day 22 until such time as the employee/s are demobilised from the project. 9.7 Each time clause 9.5 is to be used, the Employer will inform the unions (prior to the work force being engaged) its intention use clause 9.5 to ensure the intent of clause 9.5 and 9.6 is correctly applied. 10. POINT OF ASSEMBLY AND TRANSPORTATION 10.1 The Point of Assembly as agreed between the parties to this Agreement shall be advised to each employee for each project. For all employees the Point of Assembly shall be either Perth or Darwin Airports (except for employees whose Point of Hire Is Karratha or Broome in which case the Point of Assembly Is Karratha or Broome but only for Offshore Construction Projects occurring in their geographical vicinity shall be Karratha or Broome Airports). For employees Page 7
Alla1 Programmed Marine {Australia) Ply UdWA & NT Offshore Construction Pro)eets Greenfield$AQreement 2020-
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mobifising to an offehore construction project from Interstate, the Company will provide return
economy air travel to the Point of Assembly from the closest capital city airport to their
residence. The respective capital city airport shaD then be regarded as the Point of Hire.
10.2 The Employer shall provide the emp!Oyee with free transportatiol'I between th& Point of
Assembly and the work locatlon and return.
10.3 Should an employee be dismissed then they shall be provided with free transport from the work
locatron to the Point of Assembly and then to their Point of Hire.
10.4 Where an employee is In transit between the Point of Hire and the work locatfon or retum and
the Employer is unable to provide transport for the completion of the journey on that day, then
the Employer shall provide suitable board and accommodation free of charge. No additional
payment$ for travel shall apply.
10,6 For travel In each direction, an employee shall ba paid tha travel allowance In subclause 13.3
of this Agreement
1 o.e For night shift employees departing from the offshore facility who arrive at the agreed point of
assembly after 18:00 (6pm) and there place of residence Is greater than 150km (most direct
route) from the point of assembly, the employee may request the Employer to provided
accommodation for the purpose of fatigue management
11. MOBILISATION AND DEMOBILISATION ARRANGEMENYS
11.1 Employees shall report at their Polnt of Hire and/or Point of Assembly 1n tlme to utillse the
advised crew transport whleh WIil enable the employee to arrive at the work location in time to
commence the scheduled work period.
Should the crew transport not depart at the advised time, the employee will remain on call ready ·
to board the transport which may depart at short notlce at any time after the advised departure
time.
Providing they remain on call, an employee will be paid as if they had commenced their
scheduled work period and if required will be provided by the Employer with an authority pro
forma to obtain meals and, if necessary, accommodation at the Employers expense.
11.2 Should an employee find Jtto be Impossible to report for duty as scheduled they must personally
notify the Employer, where practlcal, at least twenty-four (24) hours prior to the day on which
they are scheduled to report for work.
11.3 Where an employee, after being directed to mobilise offshore cannot be mobilised by the
Employer for offshore work, a standby situation will apply and the employee will be paid to a
maximum of 7.2 hours per day at the applicable ordinary hourly rate as iet out ln subclause
13.1 of this Agreement for those days only when rostered to be onstte. The ordinary hour1y rate
shall only apply to the time that an employee Is actually required to standby.
11.4 Where the employee commences work immediately following a paid standby, and where any
employee completes their normal rostered shift on the same day as the stand by period, such
employee shall be paid a maximum of 12 hours pay for that day.
12. CYCLONE PROCEDURE
The Offshore Construction Projects covered by this Agreement are typlcally located in an area
that Is prone to cyclones. In the event that a Project ts impacted by the effects of a cyclone, the
following provisions shall apply.
Pages
Atlas Programmed Marine (Australia) Pty Ltd WA & NT Offshore Construction Projects Greenfields Agreement 2020- 2024 mobilising to an offshore construction project from Interstate, the Company will provide return economy air travel to the Point of Assembly from the closest capital city airport to their residence. The respective capital city airport shall then be regarded as the Point of Hire. 10.2 The Employer shall provide the employee with free transportation between the Point of Assembly and the work location and return. 10.3 Should an employee be dismissed then they shall be provided with free transport from the work location to the Point of Assembly and then to their Point of Hire 10.4 Where an employee is in transit between the Point of Hire and the work location or return and the Employer is unable to provide transport for the completion of the journey on that day, then the Employer shall provide suitable board and accommodation free of charge. No additional payments for travel shall apply. 10.6 For travel in each direction, an employee shall be paid the travel allowance in subclause 13.3 of this Agreement 10.6 For night shift employees departing from the offshore facility who arrive at the agreed point of assembly after 18:00 (6pm) and there place of residence is greater than 150km (most direct route) from the point of assembly, the employee may request the Employer to provided accommodation for the purpose of fatigue management. 11. MOBILISATION AND DEMOBILISATION ARRANGEMENTS 11.1 Employees shall report at their Point of Hire and/or Point of Assembly In time to utilise the advised crew transport which will enable the employee to arrive at the work location in time to commence the scheduled work period. Should the crew transport not depart at the advised time, the employee will remain on call ready to board the transport which may depart at short notice at any time after the advised departure time. Providing they remain on call, an employee will be paid as if they had commenced their scheduled work period and if required will be provided by the Employer with an authority pro- forma to obtain meals and, if necessary, accommodation at the Employers expense. 11.2 Should an employee find it to be impossible to report for duty as scheduled they must personally notify the Employer, where practical, at least twenty-four (24) hours prior to the day on which they are scheduled to report for work. 11.3 Where an employee, after being directed to mobilise offshore cannot be mobilised by the Employer for offshore work, a standby situation will apply and the employee will be paid to a maximum of 7.2 hours per day at the applicable ordinary hourly rate as set out in subclause 13.1 of this Agreement for those days only when rostered to be onsite. The ordinary hourly rate shall only apply to the time that an employee is actually required to standby. 11.4 Where the employee commences work immediately following a paid standby, and where any employee completes their normal rostered shift on the same day as the stand by perlod, such employee shall be paid a maximum of 12 hours pay for that day. 12. CYCLONE PROCEDURE The Offshore Construction Projects covered by this Agreement are typically located in an area that is prone to cyclones. In the event that a Project Is Impacted by the effects of a cyclone, the following provisions shall apply. Page 8
Atl!IS Programmed Marine (Australia) Ply Ud WA & NT Offshore Construction Pro]eate GraenffeldlJ A9reement 2020 ~
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12.1 If an employee's mobilisation is delayed the employee shall be placed on standby and payment
shall be In accordance with subclause 11.3 of this Agreement provicled that the employee
remains avaHable for mobilisation and mobilises as soon as advised by the Employer;
12.2 lf an employee remains on the offshore faculty but is 1.1nable to work, then the employee shall
be pafd as If actually working the schedulsd offshore work cycle;
12.3 If an employee Is evacuated from the offshore facility to a shore based location, but not
demobllleed to thelr Point of Hire, then the employee wll! be paid as If actually working the
scheduled offshore work cycle; and will be provided with accommodatron and meals during the
time the employee is to remain on standby in that locatit?n·
12.4 If an employee Is demobilised to their Point of Hire prior to the expected completion of the per(od
of scheduled offshore duty the employee, If no longer required, Will be terminated. However, In
the event that the employee wllJ be required to remobilise for further duty offshore, then the
employee shall be advised of such and will be paid in accordance with subclause 11.3 for each
day on standby. Where the employee fs required for remobllisation, payment for the scheduled
offshore work cycle shall cease when the employee departs the offshore facmty and the
employee will receive the appropriate travel allowance prescribed In subclause 13.3 of this
Agreement (and vlce versa when remobllised to the offshore facility).
Where an employee leaves the offshore facility prior to the completion of the employee's
scheduled offshore work cycle, the employee will be paid for the hours actually worked
(including any time standing by In accordance with subclause 11.3 of this Agreement) up to the
time ofthelr departure plus the appropriate travel allowance prescribed in subciause 13.3 of this
Agreement.
Employees will be advised of which sltuatton Is appllcable at the time.
13. WAGES AND ALLOWANCES
13.1 Wage Rates
The hourly rates set our below are the all-purpose hourly rates payable for all work performed
during ordinary working hours and Include compensation, except where otherwise provided for
ro this Agreement, for all dlsablllties associated with living and worldng on barges, vessels
and/or offshore facilities and are also inclusive of the 25% oasual loading.
Classlflcatlon
Bar?.e Weld~r
Deck Electrician
AUT Operator
Derrick Operator
Deck EnQlneer, Mechanlc
Heed Cook
Anchor Hoist Operator, Crane ~perator
NOT Multi scanner Tech
Tradesperson - spacer
Cook/Baker Qualified
Rlg_ger/~caffoldet
Una-up Station Operator
Bevel Machine Operator
'. $Per hour
: ~6~.24
. $65.95
$65.95
$65.88
$65.53
' $65.53
$64.66
$63.09
' $63.09
: $62.27
; $62.27
1 $61 .37
i ; $61.37
Paga9
Atlas Programmed Marine (Australla) Pty Ltd WA & NT Offshore Construction Projects Greenfields Agreement 2020- 2024 12.1 If an employee's mobilisation is delayed the employee shall be placed on standby and payment shall be In accordance with subclause 11.3 of this Agreement provided that the employee remains available for mobilisation and mobilises as soon as advised by the Employer; 12.2. If an employee remains on the offshore facility but is unable to work, then the employee shall be paid as If actually working the scheduled offshore work cycle; 12.3 If an employee is evacuated from the offshore facility to a shore based location, but not demobilised to their Point of Hire, then the employee will be paid as if actually working the scheduled offshore work cycle; and will be provided with accommodation and meals during the time the employee is to remain on standby in that location. 12,4 If an employee Is demobilised to their Point of Hire prior to the expected completion of the perlod of scheduled offshore duty the employee, If no longer required, will be terminated. However, In the event that the employee will be required to remobilise for further duty offshore, then the employee shall be advised of such and will be paid in accordance with subclause 11.3 for each day on standby. Where the employee is required for remobilisation, payment for the scheduled offshore work cycle shall cease when the employee departs the offshore facility and the employee will receive the appropriate travel allowance prescribed in subclause 13.3 of this Agreement (and vice versa when remobilised to the offshore facility). Where an employee leaves the offshore facility prior to the completion of the employee's scheduled offshore work cycle, the employee will be paid for the hours actually worked (including any time standing by in accordance with subclause 11.3 of this Agreement) up to the time of their departure plus the appropriate travel allowance prescribed in subclause 13.3 of this Agreement. Employees will be advised of which situation is applicable at the time. 13. WAGES AND ALLOWANCES 13.1 Wage Rates The hourly rates set our below are the all-purpose hourly rates payable for all work performed during ordinary working hours and include compensation, except where otherwise provided for in this Agreement, for all disabilities associated with living and working on barges, vessels and/or offshore facilities and are also inclusive of the 25% casual loading. Classification $ Per hour Barge Welder $69.24 Deck Electrician $65.95 AUT Operator $65.95 Derrick Operator $65.88 Dack Engineer, Mechanic $65.53 Head Cook $65.53 Anchor Hoist Operator, Crane Operator $64.66 NDT Multi Scanner Tech $63.09 Tradesperson - Spacer $63.09 Cook/Baker Qualified $62.27 Rigger/Scaffolder $62.27 Line-up Station Operator $61.37 Bevel Machine Operator $61.37 Page 9
Atta$ Programmed Marine (Auatralla) Pty I.tel WA & NT Offshore Construction Projects Greenflelds Agreement 2020-
2024
-~c-o-ok(non--trai;f-~~~:=~-:.· ------~~:-~:-_· __ ...... ! $81~37 _
NOT Aselstant Scanner _ _ ___ ----i--~~~ ~37 _____ -··--
Buffer and Grinder · $58.46
------·-·. ··-·--- ---- -·-- ··--· -- - --·--- --··
Stores Person 1 $58.45 -- .... - - -· , .... ·-
Oller and Greaser ; $57.82 ··----------·---·----- ···· - ······-·--· ---····-···· ····---·- ·-··•·---------
Trades~n::1.~..!'~~~- ! $57.82
, Cook's Assistant __ I $57.82
r Galley Hand _ _ ___ ! $57.82
- -· -· · ·· ···••·------·-·. -----·---
: Leundry_qr Mess Person __ ____ _ __ ... 1 ~~?_ _____ .. ·--.
· Janitor ' $57.82 -----·--·- .. .. ..... ... ·- .. ··--·•· .. ······ - ·"'· ---·- .. - ··-· - ---··--- ·-------·•····-·- .. . ........... .
13.2 Wages and Allowances Escalations
Wage rates and allowances prescribed at clauses 13.1. 13.7, 13.8, 13.9, 13.10 and 13.11 will
be Increased as follows:
1st Increase - 2% from the 25th August 2021.
2nd Increase N 2.25% from the 25t11 August 2022.
3"' Increase - 2.6% from the 25flt August 2028.
All other payments and allowances including Income Protection Insurance and Accident Make
up Pay wlll be fixed for the duration of the agreement
13.3 Travel Allowance
Jrrespec:tlve of where they reside, each employee shall be paid a gross travel allowance of
$572.CI0 each way for all travel undertaken to mobilise to and from the work location unless they
travel during a paid &hlft.
The travel allowance Is to cover all cfrcumstanees of travel to or Jtom the work location inclusive
of the time lnvolvecl, traval to and from the point of embarkation, travel delays, mlscellaneous
travel purchases and any other inconveniences and costs.
13.4 Daily Tuivel Time
In the event that an employee Is accommodated on an offshore or onshore facility and required
to travel on e daily basis to and from the workplace offshore, the employee shall be paid for the
time spent travelling at the relevant ordinary hourly rate for therr classification as determined
under subclausa 13.1 of this Agreement.
13.5 Job Tennlnatlon Payment
On completion of employment with the Employer, an employee shall be entitled to a Job
Termination Payment The Job Termination Payment is catculeted on the basis of fifteen percent
(15%) of the employee's gross earnings tor all hours worked, Including appllcable allowances.
This payment will be paid Into the employees Protect severance tund each month.
13.6 Redundancy Accrual
In recognition of the uniqueness of the scope, magnitude and duration of the Offshore
Construction Projects covered by this Agreement, an employee who is ready willing and
available to work as directed for those hours that they are normally required to work by the
Employer, and who works as so directed by the Employer, shall be entitled to a redundancy
accrual at the rate of $181.00 per day worked. This rate is fixed for the duration of the
Paga10
Atlas Programmed Marine (Australia) Pty Ltd WA & NT Offshore Construction Projects Greenfields Agreement 2020- 2024 - Cook (non-trade) $61.37 NDT Assistant Scanner $61.37 Buffer and Grinder $58.45 Stores Person $58.45 Oller and Greaser $57.82 Tradesman's Assistant $57.82 Cook's Assistant $57.82 ! Galley Hand $57.82 Laundry or Mess Person $57.82 Janitor $57.82 13.2 Wages and Allowances Escalations Wage rates and allowances prescribed at clauses 13.1, 13.7, 13.8, 13.9, 13.10 and 13.11 will be Increased as follows: 1ºt Increase - 2% from the 25th August 2021. 2nd Increase - 2.25% from the 25th August 2022. 3rd Increase - 2.5% from the 25th August 2028. All other payments and allowances including Income Protection Insurance and Accident Make up Pay will be fixed for the duration of the agreement. 13.3 Travel Allowance Irrespective of where they reside, each employee shall be paid a gross travel allowance of $572.00 each way for all travel undertaken to mobilise to and from the work location unless they travel during a paid shift. The travel allowance is to cover all circumstances of travel to or from the work location inclusive of the time Involved, travel to and from the point of embarkation, travel delays, miscellaneous travel purchases and any other inconveniences and costs. 13.4 Daily Travel Time In the event that an employee is accommodated on an offshore or onshore facility and required to travel on a daily basis to and from the workplace offshore, the employee shall be paid for the time spent travelling at the relevant ordinary hourly rate for their classification as determined under subclause 13.1 of this Agreement. 13.5 Job Termination Payment On completion of employment with the Employer, an employee shall be entitled to a Job Termination Payment. The Job Termination Payment is calculated on the basis of fifteen percent (15%) of the employee's gross earnings for all hours worked, Including applicable allowances. This payment will be paid Into the employees Protect severance fund each month. 13,6 Redundancy Accrual In recognition of the uniqueness of the scope, magnitude and duration of the Offshore Construction Projects covered by this Agreement, an employee who is ready willing and available to work as directed for those hours that they are normally required to work by the Employer, and who works as so directed by the Employer, shall be entitled to a redundancy accrual at the rate of $181.00 per day worked. This rate is fixed for the duration of the Page 10
Atlas Programmed Marin& (Australia) F'ty ltd WA & NT Offshore Construction ProJectsGreenfialdsAgreemttnt 2020-
2024
agreement This payment will be paid into the employees Protect severance fund each month.
13.7 Leading Hand Allowanees
An employee required to act in the capacity of a leading hand shall receive an additional rate
as follows:
If placed In charge of not less than three (3) and not more than ten (10) other workers $1.73 per
hour.
If placed In charge of more than ten (10) and not rnoreihan twenty (20) other workers $2.60 per
hour.
13.8 Quallty Allowance
All coded welders shall In additfon to all other remuneration receive a flat allowance of $5.63
per hour worked.
13.9 Barge Electrician Allowance
A barge electrician shall in addition to all other remuneration receive a flat allowance of $2.03
per hour worked.
13.10 Sewerage Repair Allowance
In the event that an employee is requlred to work on:
a) the disconnection and/or unblocklng of either the excreta pipes or the urinal pipes from the
water trap to the system; or
b) the cleaning or servicing of the strainer or lacerator at the Inlet to the system; or
c) the tank which requires the use of suction pumps to clear blockage;
d) they shall In addition to all other remuneration receive a flat allowance of $37.55 for each
hour so worked.
13.11 Derrick Operators Allowance
Derrick operators shall bEI paid a flat allowance of $4.84 per hour worked to operate the main
derrick.
13.12 Common-Use Ablutions Payment
Where an employee is required to share accommodations or ablutions with other personnel on
board the offshore facility then a dally flat allowance shall apply as follows:
13.12.11n any circumstance where an employee sleeps in a cabin concurrently with one or more
personnel a dally flat allowance of $63.65 shall apply per employee provided that where an
employee shares a cabin with other personnel but does not sleep In that cabin at the same time
then the allowance shall not apply
13.12.2Where an employee rs required to share communal ablution facllities with any other employees
a daily flat allowance of$30.60 shall apply. This $30.60 allowance also applles to an employee
sharing ablution facilities in an en-suite cabin (and assumes that the employee has qualified for
the separate payment In 13,12.1).
13.12.3For cabins that share en~sulte ablution facllltles and where this requires an employee on the
same shift to share that en-suite cabin ablution facility with another employee they shall also
quallfy for the daily flat allowance of $30.60 in 13.12.2
The two allowances ln 1 a.12.1 and 13.12.2 shall be cumulative if they both apply.
Page 11
Atlas Programmed Marine (Australia) Pty Ltd WA & NT Offshore Construction Projects Greenfields Agreement 2020- 2024 agreement. This payment will be paid into the employees Protect severance fund each month. 13.7 Leading Hand Allowances An employee required to act in the capacity of a leading hand shall receive an additional rate as follows: If placed in charge of not less than three (3) and not more than ten (10) other workers $1.73 per hour. If placed in charge of more than ten (10) and not more than twenty (20) other workers $2.60 per hou 13.8 Quality Allowance All coded welders shall in addition to all other remuneration receive a flat allowance of $5.63 per hour worked. 13.9 Barge Electrician Allowance A barge electrician shall in addition to all other remuneration receive a flat allowance of $2.03 per hour worked. 13.10 Sewerage Repair Allowance In the event that an employee is required to work on: a) the disconnection and/or unblocking of either the exoreta pipes or the urinal pipes from the water trap to the system; or b) the cleaning or servicing of the strainer or lacerator at the Inlet to the system; or c) the tank which requires the use of suction pumps to clear blockage; d) they shall In addition to all other remuneration receive a flat allowance of $37.55 for each hour so worked. 13.11 Derrick Operators Allowance Derrick operators shall be paid a flat allowance of $4.84 per hour worked to operate the main derrick. 13.12 Common-Use Ablutions Payment Where an employee is required to share accommodations or ablutions with other personnel on board the offshore facility then a dally flat allowance shall apply as follows: 13.12.1In any circumstance where an employee sleeps in a cabin concurrently with one or more personnel a daily flat allowance of $63.65 shall apply per employee provided that where an employee shares a cabin with other personnel but does not sleep in that cabin at the same time then the allowance shall not apply 13.12.2Where an employee is required to share communal ablution facilities with any other employees a daily flat allowance of $30.60 shall apply. This $30.60 allowance also applies to an employee sharing ablution facilities in an en-suite cabin (and assumes that the employee has qualified for the separate payment In 13.12.1). 13.12.3For cabins that share en-suite ablution facilities and where this requires an employee on the same shift to share that en-suite cabin ablution facility with another employee they shall also qualify for the daily flat allowance of $30.60 in 13.12.2 The two allowances in 13.12.1 and 13.12.2 shall be cumulative if they both apply. Page 11
Atla& Programmed Marina (AU&lralla} Ply Ltd WA & NT O~hQ11;1 Conetrurtion Pro)ect.s C3reentlefdsAgreement 2020-
2024 -------·-· .. ------------
13.13 Mixed Functions
An employee engaged for more than two (2} hours of one (1) shift on work carrying a higher
rate than their employed elassificalfon shall be paid tile higher rate for such day or shift. If so
engaged for two {2) hours or less on one (1) shift, they &hall be pakl the higher rate for the
actual time worked.
13.14 PaymentofWages
An employee's wages shall be paid each fortnight by eleetronlc funds transfer (EFT) Into the
employee's nominated Australian bank account
Nightshirt commencing at or after midnight Sunday will be paid as Monday shift and night shift
commencing at or after midnight Friday wfll be paid as a Saturday shift.
Upon termination of employment, wages due to an employee shall be paid within seven days
of the advised termination date Via EFT or ehe(!Ue, unless circumstances arise which are
beyond tlte control of the Employer. In that Instance, alternative pay arrangements will be made
to ensure the wages due upon termination are paid at the first available opportunity.
14, SUPERANNUATION
Employees who are paid under this Agreement will have their $Uperann1,1ation contributions
directly deposited into their nominated O+BUS Superannuation Fund or Australian
Superannuation Fund.
The Employers superannuation contribution shall be in accordance wttl1 the Superannuation
Guarantee Legislation and calculated at elev&n percent (11%).
The Employers superannuation contribution shall be caloulated on the employee's ordinary
hourly rate and the allowances relevant to the thirty six (36) ordinary hours worked as
prescribed In Clause 13 of this Agreement.
15. INCOME PROTECTION INSURANCE
Income Protection Insurance that provides for 24 hours per day, seven days per week
coverage shall be provided for each employee via U Cover. Such Insurance shall have a
14 day waiting period with a maximum benefit per week set at $2380 payable for a
maximum of fifty two (52) weeks.
16. ACCIOENT MAKE UP PAY
16.1 the Employer shall pay an employee accident make up pay when the employee rs
Incapacitated as a result of a disability for which weekly payments or compensation are
payable by or on behalf of the Employer pursuant to the provisions of the appropriate
Worker's Compensation Act, provided such payments are at a rate less than an employee's
appropriate weekly rate.
16.2 "Accident Make Up Pat means payment of an amount being the difference between the
amount of compeneatlon paid to the employee pursuant to the appropriate workers'
compensation act and the payments set outbetow:
Barge Welder, Derrick• Operator, Deck Electrician, Barge Engineer and Barae Mechanic
up to $5,098.66 per week,
Anchor Hoist Operator, BMO, Crane Operator, Tradesman, Fitter, Cook, Line-up Operator,
--- .. - ~----- • --• - LO - •
Page 12
Atlas Programmed Marine (Australia) Pty Ltd WA & NT Offshore Construction Projects Greenfields Agreement 2020- 2024 13.13 Mixed Functions An employee engaged for more than two (2) hours of one (1) shift on work carrying a higher rate than their employed classification shall be paid the higher rate for such day or shift. If so engaged for two (2) hours or less on one (1) shift, they shall be paid the higher rate for the actual time worked. 13.14 Payment of Wages An employee's wages shall be paid each fortnight by electronic funds transfer (EFT) into the employee's nominated Australian bank account. Nightshift commencing at or after midnight Sunday will be paid as Monday shift and night shift commencing at or after midnight Friday will be paid as a Saturday shift. Upon termination of employment, wages due to an employee shall be paid within seven days of the advised termination date via EFT or cheque, unless circumstances arise which are beyond the control of the Employer. In that Instance, alternative pay arrangements will be made to ensure the wages due upon termination are paid at the first available opportunity. 14. SUPERANNUATION Employees who are paid under this Agreement will have their superannuation contributions directly deposited into their nominated C+BUS Superannuation Fund or Australian Superannuation Fund. The Employers superannuation contribution shall be in accordance with the Superannuation Guarantee Legislation and calculated at eleven percent (11%). The Employers superannuation contribution shall be calculated on the employee's ordinary hourly rate and the allowances relevant to the thirty six (36) ordinary hours worked as prescribed in Clause 13 of this Agreement. 15. INCOME PROTECTION INSURANCE Income Protection Insurance that provides for 24 hours per day, seven days per week coverage shall be provided for each employee via U Cover. Such Insurance shall have a 14 day waiting period with a maximum benefit per week set at $2360 payable for a maximum of fifty two (52) weeks. 16. ACCIDENT MAKE UP PAY 16.1 the Employer shall pay an employee accident make up pay when the employee Is incapacitated as a result of a disability for which weekly payments or compensation are payable by or on behalf of the Employer pursuant to the provisions of the appropriate Worker's Compensation Act, provided such payments are at a rate less than an employee's appropriate weekly rate. 16.2 "Accident Make Up Pay" means payment of an amount being the difference between the amount of compensation paid to the employee pursuant to the appropriate workers' compensation act and the payments set outbelow: Barge Welder, Derrick. Operator, Deck Electrician, Barge Engineer and Barge Mechanic up to $5,098.66 per week. Anchor Hoist Operator, BMO, Crane Operator, Tradesman, Fitter, Cook, Line-up Operator, Page 12
AUas Prognmimed Marine (Australia) Pty Ltd WA & NT Offshore construetlon Projects Graenflards Agreement 2020-
2024
AUT Operator and Rigger/Scaffolder up to $4,715.78 per week.
Storeman, Buffer and Grinder, Oller/Greaser, Galley, Mess Hand, l.aundry, Janitor, Cook
(non trade), NDT Multi ScannetTech, NDT Scanner Assistant and Trades Assistants up to
$4,341.64 per week.
16.3 The llabilily of lhe Employer to pay accident make up pay in accordance with this
Agreement shall arlse as at the date of the injury or accident ln respect of which
compensation is payable under the appropriate Workera Compensation Act. Termination
of the employee's employment for any reason durfng the period of any Incapacity other than
as specified in subclause 16.4 of this Agreement shall In no way affect the liability of the
Company to payaccldent pay.
16.4 The llablllty of the Employer to pay accident make up pay to an employee engaged on the
Project shall cease when the Incapacity ceases or at the expiration of a period of fifty two
(52) weeks from the date of Injury, whichever shall first occur.
16.6 In the event the employee receives a lump sum in redemption of weekly payments under
the first schedule of the Act, andfor If the employee receives a lump sum payment in
accordance with the second schedule of the Act for the loss of or loss of' efficient use of
that part of the body orfaclllty so affected, the liability of the Employer to pay accident make
up pay as herein provided shall cease from the date of such redemption.
17. LONG SERVICE LEAVE
The employer will make contrlbuHons to My Leave in accordance with the applicable
legislation and My Leave rules. Should My Leave rules and legislation allow contributions
and allow retrospective payments; such payments wlll be made from the date the employee
Is engaged under this agreement.
18. ISSUES RESOLUTION PROCEDURE
The followfng procedure for the avoidance or resofutlon of disputes or issues arising related to
the National Employment Standards shall apply. The mechanism and procedures for resolving
industrial disputes will include, but not be limited to the following:
• The employee/s ooncerned wlll first meet and confer with their Immediate supervisor.
The employee/s may appoint another person to act on their behalf including an
employee representative or a shOp steward or delegate of their union.
• If the matter Is not resolved at such a meeting the parties will arrange further
discussions involving more senior management as appropriate. The employee may
invite a union official or other representative to be involved In the discussions. The
Employer may also invite into the discussions an Employer representative of their
choosing including an external advisar.
• If the matter remains unresolved the Employer may refer It to a more senior level of
management or to a more senior officer within the Company. The employee may
invite a more senior union official or other representative to be involved ln the
discussions.
Throughout all stages of the-procedure all relevant facts must be clearly identified and recorded
in writing.
Sensible time limits must be allowed for completion of the various stages of discussion.
However the parties must co-operate to ensure that the Issue resolutlon procedure is carried
out as quickly as possible.
Page 13
Allas Programmed Marine (Australia) Pty Ltd WA & NT Offshore Construction Projects Greenfields Agreement 2020- 2024 AUT Operator and Rigger/Scaffolder up to $4,715.78 per week. Storeman, Buffer and Grinder, Oller/Greaser, Galley, Mess Hand, Laundry, Janitor, Cook (non trade), NDT Multi Scanner Tech, NDT Scanner Assistant and Trades Assistants up to $4,341.64 per week. 16.3 The liability of the Employer to pay accident make up pay in accordance with this Agreement shall arise as at the date of the injury or accident in respect of which compensation is payable under the appropriate Workers Compensation Act. Termination of the employee's employment for any reason during the period of any incapacity other than as specified in subclause 16.4 of this Agreement shall in no way affect the liability of the Company to payaccident pay. 16.4 The liability of the Employer to pay accident make up pay to an employee engaged on the Project shall cease when the incapacity ceases or at the expiration of a period of fifty two (52) weeks from the date of injury, whichever shall first occur. 16.5 In the event the employee receives a lump sum in redemption of weekly payments under the first schedule of the Act, and/or if the employee receives a lump sum payment in accordance with the second schedule of the Act for the loss of or loss of efficient use of that part of the body or facility so affected, the liability of the Employer to pay accident make up pay as herein provided shall cease from the date of such redemption. 17. LONG SERVICE LEAVE The employer will make contributions to My Leave in accordance with the applicable legislation and My Leave rules. Should My Leave rules and legislation allow contributions and allow retrospective payments; such payments will be made from the date the employee is engaged under this agreement. 18. ISSUES RESOLUTION PROCEDURE The following procedure for the avoidance or resolution of disputes or issues arising related to the National Employment Standards shall apply. The mechanism and procedures for resolving industrial disputes will include, but not be limited to the following: . The employee/s concerned will first meet and confer with their Immediate supervisor. The employee/s may appoint another person to act on thelr behalf including an employee representative or a shop steward or delegate of their union. If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management as appropriate. The employee may invite a union official or other representative to be involved in the discussions. The Employer may also invite into the discussions an Employer representative of their choosing including an external adviser. . If the matter remains unresolved the Employer may refer it to a more senior level of management or to a more senior officer within the Company. The employee may invite a more senior union official or other representative to be involved in the discussions. Throughout all stages of the- procedure all relevant facts must be clearly identified and recorded in writing. Sensible time limits must be allowed for completion of the various stages of discussion. However the parties must co-operate to ensure that the issue resolution procedure is carried out as quickly as possible. Page 13
Allaa Progranvned Marine (AUstralfa) Ply Ltd WA & NTOffahoreConetNQlon ProJec:taGraenfleldsAgreement 2020-
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Whilst parties are attempting to resolve the matter the parties will continue to work In
accordance with the Agreement and their contract of employmen~ unless the employee has a
reasonable concern abo.ut an Imminent risk to their health or safety.
Whilst these processes are being followed the parties are committed to avoidance of lndustrla1
action and shall ensure that all practices applied during the operation of the procedure are in
accordance with safe working practices and consistent with establ!shed custom and praotloe at
th& enterprise.
In the event there Is no agreement to refer the matter to a more senior [eve! or It is agreed that
such a reference would not resolve the matter the parties should Jointly or individually refer the
matter to the Fair Work Commission for assistance In resolving the matter.
The types of disputes that may be referred to the Tribunal include, but are not limited to the
following:-
!) Disputes over the application of the Agreement or Interpretation of
the terms of the Agreement which affect an employee, a group of
employees, or ell employees covered by this Agreement.
ii) tndlvldual(s) grievances over management decisions not Just
limited to Claus86 of this Agreement
iii) Issues related to National Employment Standards.
The role that the Fair Work Commission has In the grievance procedure process Is agreed as
follows:
I) In a conciliation process, should both parties agree, the Fair Work
Commission may, If It considers it appropriate, Issue a
recommendation that the parties wm implement.
ii) The power to dismiss a matter if the Fair Work. Commission forms
the view that
• The application Is trivial or frivolous; or
• The matter ls Incapable of resoluUon within a tfmeframe the Fair Work
Commission considers reasonable; or
• The applicant ls acting unreasonably In failing to resolve the dispute.
• The power to arbitrate the matter should oonelllation fail to resolve the matter,
should either parties agree to such action. The decision of the Fair Work
Commission following arbitration Is final, and parties agree to accept the
outcome of arbitration and implement or abide by any recommendaUon or
determination that the Fair Work Commission might Issue, subject to any right
of appeal under the Fair \/Vork Act 2009.
• The Falr Work Commission can request Information to be proVided by the
Employer, the employee(s}, an agent or an organisation relating to the dispute
or grievance and that information wlll be provided; (a faDure to provide such
Information within a requested tlmeframe constitutes grounds for the
dlsmlssal of the application).
• The Fair Work Commission can deal with the matter informally in private
conference.
• The Fair Work Commission can request Information and submissions to be
made In writing and can make recommendations or determinations from
those written submissions (If it is empowered by the parties to do so).
Page14
Atlas Programmed Marine (Australia) Pty Ltd WA & NT Offshore Construction Projects Greenfields Agreement 2020- 202 Whilst parties are attempting to resolve the matter the parties will continue to work In accordance with the Agreement and their contract of employment, unless the employee has a reasonable concern about an imminent risk to their health or safety Whilst these processes are being followed the parties are committed to avoidance of Industrial action and shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the enterprise. In the event there is no agreement to refer the matter to a more senior level or it is agreed that such a reference would not resolve the matter the partles should jointly or individually refer the matter to the Fair Work Commission for assistance in resolving the matter. The types of disputes that may be referred to the Tribunal include, but are not limited to the following :- 1) Disputes over the application of the Agreement or Interpretation of the terms of the Agreement which affect an employee, a group of employees, or all employees covered by this Agreement. il) Individual(s) grievances over management decisions not just limited to Clauses of this Agreement. iii) Issues related to National Employment Standards. The role that the Fair Work Commission has in the grievance procedure process is agreed as follows: In a conciliation process, should both parties agree, the Fair Work Commission may, If It considers it appropriate, issue a recommendation that the parties will implement. ii) The power to dismiss a matter if the Fair Work Commission forms the view that: . The application is trivial or frivolous; or The matter is Incapable of resolution within a timeframe the Fair Work Commission considers reasonable; or The applicant is acting unreasonably in failing to resolve the dispute. The power to arbitrate the matter should conciliation fail to resolve the matter, should either parties agree to such action. The decision of the Fair Work Commission following arbitration is final, and parties agree to accept the outcome of arbitration and implement or abide by any recommendation or determination that the Fair Work Commission might Issue, subject to any right of appeal under the Fair Work Act 2009 The Fair Work Commission can request information to be provided by the Employer, the employee(s), an agent or an organisation relating to the dispute or grievance and that information will be provided; (a failure to provide such information within a requested timeframe constitutes grounds for the dismissal of the application). The Fair Work Commission can deal with the matter informally in private conference. The Fair Work Commission can request Information and submissions to be made in writing and can make recommendations or determinations from those written submissions (if it is empowered by the parties to do so). ---- Page 14
Atlas Proarammed Marine (AusttaJla) Ply Ltd WA & NT Offshore Coni~tNction Projects GmenfleldaAgreement 2020-
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• Conciliation regarding disputes and potential disputes arising out of the
operation of this Clause 16 of the Agreement will be dealt with by the Fair
Work Commission or as othecwise agreed between the parties.
19. RES0LUTJ0N OF COMPLAINTS BY THE EMPLOYER AGAINST AN EMPLOYEE
In the event of a complaint being made against an employee for a minor mlsclemeanour, it shall
be the responsibility of the employee's supervisor to point out to the employee the nature of the
complaint and to endeavour to ensure that an understanding Is reached.
However, should there be a repetition of the particular or similar matter complained about, ihe
supervisor shall refer the matter to the S uparintendent
If In the opinion of tha superintendent the matter Is such as to warrant a reprimand, the
Superintendent shall:
l) Issue a written wc1rnlng to the employee setting out detalls of the
complaint;
ll) Hand the warning to the employee In the presence of the
employee's Employee Representative or a shOp steward or
delegate of their union (if applicable);
iii) Give a copy of the complaint to the Employee Representative or
a shop steward or delegate of their union (if applicable);
If lt should become necessary to Issue a second written warning to the same Individual
employee, the first waming procedure ls to be repeated.
In the event of a third occurrenCil the Employer may dispense with the services of that employee
fn accordance with subclause G.2 of this Agreement.
This Clause shall not diminish the Employers right to terminate an employee's employment in
certain circumstances which involve neglect of duty or serious misconduct However, subject
to the circumstances involved, and the seriousness with which the Employer regards those
circumstances, the Employers rights are reserved to bypass any of the steps above and to
enter the process at the point or step which It believes to be the rnost appropriate.
20. PROTECTIVE CLOTHING
20.1 The Employer shall supply each employee with one (1) hard hat and one {1} pair of safety
glasses as required. Wet weather gear will be made avallable as required to those employees
working on the deck. All employees shall be required to wear both the eye protection and hard
hat provided whUst on duty.
20.2 The Employer shall provide two (2} sets of work clothing to each employee. Issued work clothing
shall be worn whilst on duty for the duration of the Project. Worl clothing provided shall be elther
two (2) pairs of overalls or two (2) shirts and two (2) pairs of trousers. Welders will be provided
with two (2) pair of Jeans in lieu of coveralls and pants.
20.3 Whilst at the work location, employee's footwear shall at all times be in good condition and
comply with Australian Sl'andards. Work boots purchased speclflcany for a project wlll be
reimbursed by the Employer up to the value of $200.00 for each project when an original tax
invoice is provided. Should an employee's work boots need replacement due to fair wear and
tear, the Employer wilt reimburse its employee a further $200.00 unless the Employer has
provided replacement boots at the work place In which case no reimbursement wlll be provided.
20.4 Should an employee be required to wear safety glasses preser!betl by an optician or eye
Page 15
Atlas Programmed Marine (Australla) Pty Ltd WA & NT Offshore Construction Projects Greenfielda Agreement 2020- 2024 Conciliation regarding disputes and potential disputes arising out of the operation of this Clause 16 of the Agreement will be dealt with by the Fair Work Commission or as otherwise agreed between the parties. 19. RESOLUTION OF COMPLAINTS BY THE EMPLOYER AGAINST AN EMPLOYEE In the event of a complaint being made against an employee for a minor misdemeanour, It shall be the responsibility of the employee's supervisor to point out to the employee the nature of the complaint and to endeavour to ensure that an understanding Is reached. However, should there be a repetition of the particular or similar matter complained about, the supervisor shall refer the matter to the Superintendent If in the opinion of the Superintendent the matter is such as to warrant a reprimand, the Superintendent shall: i) Issue a written warning to the employee setting out detalls of the complaint; Hand the warning to the employee in the presence of the employee's Employee Representative or a shop steward or delegate of their union (if applicable); Give a copy of the complaint to the Employee Representative or a shop steward or delegate of their union (if applicable); If It should become necessary to Issue a second written warning to the same Individual employee, the first warning procedure is to be repeated. In the event of a third occurrence the Employer may dispense with the services of that employee in accordance with subclause 6.2 of this Agreement. This Clause shall not diminish the Employers right to terminate an employee's employment in certain circumstances which invoive neglect of duty or serious misconduct. However, subject to the circumstances involved, and the seriousness with which the Employer regards those circumstances, the Employers rights are reserved to bypass any of the steps above and to enter the process at the point or step which It believes to be the most appropriate. 20. PROTECTIVE CLOTHING 20.1 The Employer shall supply each employee with one (1) hard hat and one (1) pair of safety glasses as required. Wet weather gear will be made avallable as required to those employees working on the deck. All employees shall be required to wear both the eye protection and hard hat provided whilst on duty. 20.2 The Employer shall provide two (2) sets of work clothing to each employee. Issued work clothing shall be worn whilst on duty for the duration of the Project. Work clothing provided shall be either two (2) pairs of overalls or two (2) shirts and two (2) pairs of trousers. Welders will be provided with two (2) pair of jeans in lieu of coveralls and pants. 20.3 Whilst at the work location, employee's footwear shall at all times be in good condition and comply with Australian Standards. Work boots purchased specifically for a project will be reimbursed by the Employer up to the value of $200.00 for each project when an original tax invoice is provided. Should an employee's work boots need replacement due to fair wear and tear, the Employer will reimburse its employee a further $200.00 unless the Employer has provided replacement boots at the work place in which case no reimbursement will be provided. 20.4 Should an employee be required to wear safety glasses prescribed by an optician or eye Page 15
At!Q Pf'Ogfamm•d Marine (Australia) Pty Ltd WA a NT Olfehore Construcncn Projeefls Gr88fllleldsAgreement 2020-
2024
speoiaist, the Employer wlH be responsible for the cost of the prescription tenses only.
20.5 The Employer will provide a laundry service without cost to the employee. The delivery,
oollection ancf repair of clothes will be the responslblllty of the emplOyee.
20.6 Alf Personal Ptoteottve Equipment Tssued by the Employer can be exchanged on board the
faclllty on a 'fair wear and tear' basis as required.
21. SAFETY
All employl!les must adhere to all safety directives Including fire fighting and abandon
ship/barge/facility drills required by the Employer or its cllenl Fallure to do so when notified
may constitute grounds for instant dismissal, Safety Is a matter of concern for all on board the
ship/barge/facility and the Safety Adviser wilt be regularly avanable to discuss all matters
pertaining to safety provided that the normal channels of communication are adhered to.
22. FIRST AID
A flrst aid attendant qualified in accordance With the requirements of the Petroleum
(Submerged Lands) Aet Schedule of Specific Requlrements as to Offshore Petroleum
Exploration and Production 1995, will be employed at the work location. The first aid attendant
can be employed on other duties, such as safety Inspection, provided that the duties which they
perform are clean in nature.
23. REPORTING OF SICKNESS AND ACCIDENTS
The environment offshore makes it very easy for infectious and contagious Illnesses to spread.
An e~ployee who is sick must immediately report to the first aid attendant on board. If they are
incapable of reporting, they must ask arlOther employee to report their sickness.
If an employee whllst offshore falls ill and remains on the facility, the employee wm continue to
be paid as If at work until the employee returns to normal duties or demobilises from the work
site.
All accidents are to be reported Immediately to the employee's supervisor, who in turn, must
notify the first aid attendant and the Safety Adviser.
24. SECURITY
In the interests of safety of personnel and equipment, the parties to this Agreement agree that
an employee covered by this Agreement may be subject to personal and/or luggage searches
before departing to or upon return from an offshore facility.
Where it is estabUshed that an employee has seriously breached security regulations tl'le
employee will be dismissed In aCXrdance with the provisions of subclause 6.9 of this
Agreement.
26. ACCOMMODATION AND MEALS
Accommodation and meals offshore shall be provided free of charge to the employee.
26. INDMDUAL FLEXIBILITY ARRANGEMENT
Page 16
Atlas Programmed Marine (Australia) Pty Ltd WA & NT Offshore Construction Projects Greenfields Agreement 2020- 2024 specialist, the Employer will be responsible for the cost of the prescription lenses only. 20.5 The Employer will provide a laundry service without cost to the employee. The delivery, collection and repair of clothes will be the responsibility of the employee. 20.6 All Personal Protective Equipment issued by the Employer can be exchanged on board the facility on a 'fair wear and tear' basis as required. 21. SAFETY All employees must adhere to all safety directives Including fire fighting and abandon ship/barge/facility drills required by the Employer or its client. Failure to do so when notified may constitute grounds for instant dismissal. Safety is a matter of concern for all on board the ship/barge/facility and the Safety Adviser will be regularly available to discuss all matters pertaining to safety provided that the normal channels of communication are adhered to. 22. FIRST AID A first aid attendant, qualified in accordance with the requirements of the Petroleum (Submerged Lands) Act Schedule of Specific Requirements as to Offshore Petroleum Exploration and Production 1995, will be employed at the work location. The first aid attendant can be employed on other duties, such as safety inspection, provided that the duties which they perform are clean in nature. 23. REPORTING OF SICKNESS AND ACCIDENTS The environment offshore makes it very easy for infectious and contagious Illnesses to spread. An employee who is sick must immediately report to the first aid attendant on board. If they are incapable of reporting, they must ask another employee to report their sickness. If an employee whilst offshore falls ill and remains on the facility, the employee will continue to be paid as if at work until the employee returns to normal duties or demobilises from the work site. All accidents are to be reported immediately to the employee's supervisor, who in turn, must notify the first ald attendant and the Safety Adviser. 24. SECURITY In the interests of safety of personnel and equipment, the parties to this Agreement agree that an employee covered by this Agreement may be subject to personal and/or luggage searches before departing to or upon return from an offshore facility. Where it is established that an employee has seriously breached security regulations the employee will be dismissed in accordance with the provisions of subclause 6.9 of this Agreement. 25. ACCOMMODATION AND MEALS Accommodation and meals offshore shall be provided free of charge to the employee. 26. INDIVIDUAL FLEXIBILITY ARRANGEMENT Page 15
Atlas Programmed Marine (AuslraUa) Pty ltd WA & N'f Offshore Construction ProJeets Greenflelds Agreement 2020-
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The Employer and any employee to whom this Agreement applies may agree to make an
indMdual flexibility arrangement that varies any one or more of the terms of this Agreement in
relation to the employee and the Employer.
To have effect, the individual flexlblllty arrangement shall ba appned and Interpreted in
conjunction with this Agreement and must result In the employee being better off overall, than
the employee would have been, If an individual flexibility arrangement had not been agreed to,
Any such Individual flexlbllity arrangement must be about permitted matters under section 172
of the Fair Work Act 2009 and must not include unlaWful terms under section 194 of the Fair
Work Act 2009.
The individual flexibinty arrangement must be genuinely agreed to by the Employer and the
employee, made In writing and signed by both parties.
The Employer will ensure that the Individual flexlblllty arrangement does not require any other
Individual to consent to or approve the arrangement unless the employee is under eighteen
{18), In Wh_ich case, the Individual flexlblllty arrangement requires the signature of a parent or
guardian.
A copy of the lndMdual flexiblllty arrangement wm be given to the employee within fourteen ( 14)
day$ of the arrangement being made.
An Individual flexibility arrangement entered Into by virtue of thrs Clause of the agreement can
be terminated by:
i) either the Employer or the employee giving written notice of not more
than twenty eight {28) days; or
ii} At any tlme If the Employer and the employee agree in writing to the
termination.
The Employer will adVise an emptoyee that the employee Is entitled to seek advice from an
external source, incklding the employee's union representative should the employee choose.
about the Individual flexibility arrangement before the employee enters into such arrangement
27. CONSULTATION FOR MAJOR CHANGE
When the Employer contemplates the lntroductron of major change for reasons of economic,
technokglcal structural or similar nature, the Employer shall consult and communicate with all
employees and relevant unions a decision to introduce such change. Theemployee(s) may be
represented for the purposes of this consultation, Including by the union that is eligible to cover
their classlfioation{s}.
(1} This term applies If the employer.
(a) Has made a definite decision io introduce a major change to production, program,
organisation, structure or technology In relation to Its enterprise that is likely to have a
significant effect on the employees; or
(b) Proposes to Introduce a change to the regular roster or ordinary hours of work of
employees.
Major Change
(2) For a major change referred to In paragraph (a) above:
(a) The employer must notify the relevant employees of the decision to introduce the ~or
Page 17
Atlas Programmed Marine (Australia) Pty Ltd WA & NT Offshore Construction Projects Greenfields Agreement 2020- 2024 The Employer and any employee to whom this Agreement applies may agree to make an individual flexibility arrangement that varies any one or more of the terms of this Agreement in relation to the employee and the Employer. To have effect, the individual flexibility arrangement shall be applied and interpreted in conjunction with this Agreement and must result In the employee being better off overall, than the employee would have been, if an individual flexibility arrangement had not been agreed to. Any such individual flexibility arrangement must be about permitted matters under section 172 of the Fair Work Act 2009 and must not include unlawful terms under section 194 of the Fair Work Act 2009. The individual flexibility arrangement must be genuinely agreed to by the Employer and the employee, made in writing and signed by both partles. The Employer will ensure that the Individual flexibility arrangement does not require any other Individual to consent to or approve the arrangement unless the employee is under eighteen (18), in which case, the individual flexibility arrangement requires the signature of a parent or guardian. A copy of the individual flexibility arrangement will be given to the employee within fourteen (14) days of the arrangement being made An individual flexibility arrangement entered into by virtue of this Clause of the agreement can be terminated by: either the Employer or the employee giving written notice of not more than twenty eight (28) days; or At any time if the Employer and the employee agree in writing to the termination. The Employer will advise an employee that the employee Is entitled to seek advice from an external source, including the employee's union representative should the employee choose, about the individual flexibility arrangement before the employee enters into such arrangement. 27 CONSULTATION FOR MAJOR CHANGE When the Employer contemplates the Introduction of major change for reasons of economic, technological structural or similar nature, the Employer shall consult and communicate with all employees and relevant unions a decision to introduce such change. The employee(s) may be represented for the purposes of this consultation, including by the union that is eligible to cover their classification(s). (1) This term applies If the employer. (a) Has made a definite decision to introduce a major change to production, program, organisation, structure or technology In relation to Its enterprise that is likely to have a significant effect on the employees; or (b) Proposes to Introduce a change to the regular roster or ordinary hours of work of employees. Major Change (2) For a major change referred to in paragraph (a) above: (a) The employer must notify the relevant employees of the decision to introduce the major Page 17
Atlas Programmed Martne (Australia) PtyUd WA& NT Offshore construction ProJe:19 Gruenflelds Agreement 2020•
2024 ... _.. ____________________ ---·-·••--··--- - ------ ----- ·· .
change;and
(b) Subclause (3) to (9) apply.
(3) The relevant employee may appoint a representative for the purpose of the procedures In
this term.
(4) If:
(a} A relevant employee appoints, or relevant employee appoint, s representative for the
purpose of consultation: anct
(b) The employee or employee's advise the employer of the Identify of the repreaentative; the
employer must recognise the representative.
(5) As soon as practicable after making its decision, the employer must:
(a) Discu8s with ·the relevant employees:
(0 the Introduction of tha change; and
01) the effect the change Is Hkely to have on the employee; and
(Iii) measures the employer is taking to avert or mitigate the
adverse effect of the change on the employee; and
(b) for the purpose of the discussion - provide, in writing, to the relevant employees:
(l} all relevant Information about the change Including the nature
of the change proposed; and
(U) information about the expected effects of the change on the
employees; and
(ill) any other matters likely to affect the employees.
(6) However, the employer ts not required to disclose confldential or commerc:lally sensitive
Information to the relevant employees.
(7) The employer must give prompt and genuine consideration to matters ra1sed about the major
change by the relevant employees.
(8) If a term In this "'9reement provides for a major change to productton, program, organisation,
structure or technolOgy In relation to the enterprise of the employer, the requirements set
out In paragraph (2) (a) and subclause (3) and (5} are taken not to apply.
(9) In 1hls term, a major change Is likely to have a significant effect on employees if it results In:
(a) The tennlnation of the employment of employees; or
(b) Major change to the composition operation or size of the employer's workforc:e or to the
skills required of employees; or
(c) The el!mlnatlon or diminution of Job opportunities (including opportunities for promotion or
tenure); or
(d) The alteration of hours of work; or
(a) The need to retrain employee; or
(f) The need to relocate employees to another workplace: or
(g) The restructuring of jobs.
Change to regular roster or ordinary hours of work
Pagi.1a
Atlas Programmed Marine (Australia) Pty Ltd WA & NT Offshore Construction Projects Greenfields Agreement 2020- 2024 change; and (b) Subclause (3) to (9) apply. (3) The relevant employee may appoint a representative for the purpose of the procedures in this term. (4) If: (a) A relevant employee appoints, or relevant employee appoint, a representative for the purpose of consultation: and (b) The employee or employee's advise the employer of the Identify of the representative; the employer must recognise the representative. (5) As soon as practicable after making its decision, the employer must: (a) Discuss with the relevant employees: SEE the Introduction of the change; and (11) the effect the change is likely to have on the employee; and measures the employer is taking to avert or mitigate the adverse effect of the change on the employee; and (b) for the purpose of the discussion - provide, in writing, to the relevant employees: all relevant information about the change including the nature of the change proposed; and (11) information about the expected effects of the change on the employees; and (fl) any other matters likely to affect the employees. (6) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. (8) If a term in this agreement provides for a major change to production, program, organisation, structure or technology In relation to the enterprise of the employer, the requirements set out in paragraph (2) (a) and subclause (3) and (5) are taken not to apply. (9) In this term, a major change is likely to have a significant effect on employees if it results in: (a) The termination of the employment of employees; or (b) Major change to the composition operation or size of the employer's workforce or to the skills required of employees; ar (c) The elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) The alteration of hours of work; or (e) The need to retrain employee; or (f) The need to relocate employees to another workplace; or (g) The restructuring of jobs. Change to regular roster or ordinary hours of work Page 18
Atlas Progr.immed Marine {Au11tn1lla) pty Uct WA & Nl" Offshore Construction Projects G reenfleld&Agreement 2020.
2024
(10) For a change referred to in paragraph (1 )(b):
(a) the employer must notify the relevant employees of tha proposed change; and
(b) soocrauses {11) to (16) apply.
(11) The relevant employees may appoint a representative for the purpose of the procedure
in this term.
(12) If;
(a) A relevant employee appoints, or relevant employees appoint, a representative for the
purpose of consultation; and
{b) The employee or employee advise the employer of the Identity of the representative;
The employer must recognise the representative,
(13) M soon as practicable after proposing to Introduce the·change, the employer must
(a) discuss with the relevant employees the introduction of the change; and
(b) for the purpose of Iha discussion - provrde to the relevant employees:
(i) all relevant information about the change, including the nature
ofthe change; and
(ii) information about what the employer reasonably belleves wlll
be the effects of the change on the employees;and
(iii) informaUon about any other matters that the employer
reasonably believes are likely to affect the employees; and
(c) invite the relevant employees to give their views about the Impact of the change (including
any impact in relation to their family or caring responsibilities).
(14} However, the employer is not required to disclose confidenttal.or commercially sensitive
Information to the relevant employees.
(15) The employer must give prompt and genuine consideration to matters raised abo1.1t the
change by the relevant employees.
(16) In this term.
Relevant employees means the employees who may be effected by a change referred to in
subclause {1).
28. DRUGS AND ALCOHOL
The Employer is committed to ensuring a 8afety culture exists at the work place free of drugs
and alcohol. While at work, all employees are required to disclose any substances, prescribed
or otherwise, which may affect the safety performance of their work. Employees engaged under
this agreement may be required to undertake drug and/or alcohol tests to confirm their fitness
for duty;
• at the commencement of/during travel to and from the Offshore Facility,
• at the work $lie, and
" during 1he Employees medical assessments.
Drug and Alcohol tests wm be mea!!ured agaJnst AS 3547, AS 4760 and/or AS!NZ 4308 or as
amended from time to time.
Page 19
Atlas Programmed Marine (Australia) Pty Ltd WA & NT Offshore Construction Projects Greenfields Agreement 2020- 2024 (10) For a change referred to in paragraph (1)(b): (a) the employer must notify the relevant employees of the proposed change; and (b) subclauses (11) to (15) apply. (11) The relevant employees may appoint a representative for the purpose of the procedure in this term. (12) If; (a) A relevant employee appoints, or relevant employees appoint, a representative for the purpose of consultation; and (b) The employee or employee advise the employer of the identity of the representative; The employer must recognise the representative. (13) As soon as practicable after proposing to introduce the change, the employer must (a) discuss with the relevant employees the introduction of the change; and (b) for the purpose of the discussion - provide to the relevant employees: all relevant information about the change, including the nature ofthe change; and (ii) information about what the employer reasonably belleves will be the effects of the change on the employees;and (iii) information about any other matters that the employer reasonably believes are likely to affect the employees; and (c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). (14) However, the employer is not required to disclose confidential or commercially sensitive Information to the relevant employees. (15) The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. (16) In this term. Relevant employees means the employees who may be effected by a change referred to in subclause (1). 28. DRUGS AND ALCOHOL The Employer is committed to ensuring a safety culture exists at the work place free of drugs and alcohol. While at work, all employees are required to disclose any substances, prescribed or otherwise, which may affect the safety performance of their work. Employees engaged under this agreement may be required to undertake drug and/or alcohol tests to confirm their fitness for duty; . at the commencement of/during travel to and from the Offshore Facility, at the work site, and during the Employees medical assessments. Drug and Alcohol tests will be measured against AS 3547, AS 4760 and/or AS/NZ 4308 or as amended from time to time. Page 19
Atlas Programmed Marine (AUGlralla} Pty Ltd WA & NT Offshore Construction Projects Greenfield II Agre«ment 2020-
2024
A positive result for illiclt, non-prescribed or the misuse of prescribed medication above the
r~levant Australian Standard will be regarded as gross misconduct which wlll result in
disciplinary action up to termination of employment. Employees wlll be advlsed of the spectfic
Fitness for Work Drug and Alcohol screening, policies and procedures, including 3rd parties
prior to their employment.
Employees who refuse to produce a certificate or fall to provide a drug and alcohol test will be
considered to have provided a non-negative result and which may result in termination of
employment.
29. NO EXTRA CLAIMS
For the duration of this Agreement the unions and employees will make no further claims over
and above the conditions set out In this Agreement.
Page20
Atlas Programmed Marine (Australia) Pty Ltd WA & NT Offshore Construction Projects Greenfields Agreement 2020- 2024 A positive result for illicit, non-prescribed or the misuse of prescribed medication above the relevant Australian Standard will be regarded as gross misconduct which will result in disciplinary action up to termination of employment. Employees will be advised of the specific Fitness for Work Drug and Alcohol screening, policies and procedures, including 3rd parties prior to their employment. Employees who refuse to produce a certificate or fail to provide a drug and alcohol test will be considered to have provided a non-negative result and which may result in termination of employment. 29. NO EXTRA CLAIMS For the duration of this Agreement the unions and employees will make no further claims over and above the conditions set out In this Agreement. Page 20
Atlas Programnecl Marine (Auwalia) Ply Ud WA & NT Offshore Construction Projects GreenfieldsAgreement 2020-
2024
30. SIGNATURES
Signed for on behalf of the Employer:
Signature
$,-l-vv!~ LI.?~ ,s- &:. L,
FuR name
---~
Position/authority to sign
lc1~&...:-L,_r~
Atldress
Z&/11/flo~
Date
Page21
Atlas Programmed Marine (Australia) Pty Ltd WA & NT Offshore Construction Projects Greenfields Agreement 2020- 2024 30. SIGNATURES Signed for on behalf of the Employer: 801 STUDIET CALDEALL Signature Full name CEO Position/authority to sign CAMPBELL 5- WEST PERI 2/11/2020 Address Date Shelby Barley Witness signature Witness fullname 1 campbell Street west Reath 2/11/2020 Address Date Page 21
AltaS Programmed Marine (Australia) Ply Ud W6. & NTOff'shore Construction PnJedB Grvenfields Agreement 2020~
2024
- ----· - - - ------
Signed for on behalf of Automotive Food, Metals, Engineering, Printing and Kindred Industries Union:
Date
½le.~~ ___ Mc~ro/1 -
Witness full name
12.\
Addre5s
Page22
Altas Programmed Marine (Australia) Pty Ltd WA & NT Offshore Construction Projects Greenfields Agreement 2020- 2024 Signed for on behalf of Automotive Food, Metals, Engineering, Printing and Kindred Industries Union: Steve Mccartney Signature Full name State Secretary Position/authority to sign 121 Royal Street 3rd November 2020 Address East Perth WA Date Glenn McLaren . Witness signature Witness full name 121 Royal St East Perth WA 3rd November 2020 Address Date Page 22
Atlaa Pmgmmrned Marine (Australia) pty Ltd WA & NT Offshore Co111truc:!lon ProJecla Graenfields Agreem11nl 2020-
2024
Signed for on behalf of Australian Workers Union:
·3t""a.d (, anci _)
full name
. .. /J IC\ 6w.~!1~~-
Wltnaaa full name~ U y_()
Atlas Programmed Marine (Australia) Pty Ltd WA & NT Offshore Construction Projects Greenfields Agreement 2020- 2024 Signed for on behalf of Australian Workers Union: Blandy Brad Gandy Signature Full name AWy WA Branch Secretary Position/authority to sign Address: Level 3, 25 Barracksfreed date 3 December 2020 Perth WA 6000 Craig Bevendoge. -- Witness signature Witness full name Autres Level 3, 25 Barrack Street Date 3 December-2020 Perth WA 6000 Page 23
Atlas Progll!l'M1ed Marine (Australie) Pty Ud WA & NT Orfsl'lore Construction Projects Greenfletda Agreement 2020.
2024
Signed 1or on behalf of Communications, Electrical, Electronics, Energy, Information, Postal, Plumbing
and Allied Services Union of Australia:
Signature FuUname
57Mf;: __ ~r£1-:6J1M -1.
Po<lonlauthority to sign
~i$J-7 fmU!f711 /(p 0V )__/ - -_____ ,,. ____ ,__. . . --- ----· .... ---·----- - -.. ······-~·-·
i) I;/ &o~
-----✓-~--( ~ --- .
Ad ress Date
/l. d~
Wlloass~-
~o\q ~-, f\f\ows4;o
Witness fun name/ /
:::;. /(.j_DlO
--..... ~---- ---- - .
Date
Page24
Atlas Programmed Marine (Australia) Pty Ltd WA & NT Offshore Construction Projects Greenfields Agreement 2020- 2024 Signed for on behalf of Communications, Electrical, Electronics, Energy, Information, Postal, Plumbing and Allied Services Union of Australia: PETER CARTER Signature Full name STATE SECRETARY Position/authority to sign 24/257 BALLATA RD 6021 3/11/2020 Address Date -- Not Say Mellowship Witness signature Witness full name 24/257 Balcatta Rd. 3.1.2020 Address Date Barcatta 6021 Page 24
[2021] FWCA 122
3
Annexure A:
IN THE FAIR WORK COMMISSION
FWC Matter No.:
AG2020/3758
Applicant:
Atlas Programmed Marine (Australia) Ply ltd
Section 185 - Application for approval of Atlas Programmed Marine (Australia) Ply Ud •
Westem Australia and Northern Territory Offshore C-Onstruction Projects Greenfie/ds
Agreement 2020- 2024.
Undertaking- Section 190
I, Bruce Duploek, Senior Manager • Employee Relations for Atlas Programmed Marine
(Australia) give the following undertakings with respect to the A tlas Programmed Marine
(Austral ia) Pty Ltd - Western Australia and Northern Territory Offshore Construction
Projects Greenflelds Agreennent 2020 - 2024 ("the Agreement").
1. I have the authority given to me by Atlas Programmed Marine (Australia) Pty ltd to
provide this undertaking in relation to the applicat ion before the Fair Work
Commission.
2. The Agreement will be read and interpreted In conjunction with the National
Employment Standards .. Where there is inconsistency be'lween the agreement and the
National Employment Standards, and the National Employment Standards provides
greater benefH, the Nat'ional Employment Standards provision will apply to the extent
of the inconsistency.
3. The Company undertakes that the National Employment Standards pmcedence term
at Clause 4.5 shall have full effect and dismissal without notice provided for in Clause
6.9 of the Agreement shall only be made on the grounds of serious misconduct, not
general misconduct.
4. These undertakings are provided on the basis of issues raised by the Fair Work
Commission In the application before the Fair Work Commission.
Signed by Atlas Pr rammed Marine (Australia) Pty Ltd
Date
IN THE FAIR WORK COMMISSION FWC Matter No .: AG2020/3758 Applicant: Atlas Programmed Marine (Australia) Pty Ltd Section 185 - Application for approval of Atlas Programmed Marine (Australia) Pty Ltd - Western Australia and Northern Territory Offshore Construction Projects Greenfields Agreement 2020 - 2024. Undertaking- Section 190 I, Bruce Duplock, Senior Manager - Employee Relations for Atlas Programmed Marine (Australia) give the following undertakings with respect to the Atlas Programmed Marine (Australia) Pty Ltd - Western Australia and Northern Territory Offshore Construction Projects Greenfields Agreement 2020 - 2024 ("the Agreement"). 1. I have the authority given to me by Atlas Programmed Marine (Australia) Pty Ltd to provide this undertaking in relation to the application before the Fair Work Commission. 2. The Agreement will be read and interpreted in conjunction with the National Employment Standards. Where there is inconsistency between the agreement and the National Employment Standards, and the National Employment Standards provides greater benefit, the National Employment Standards provision will apply to the extent of the inconsistency. 3. The Company undertakes that the National Employment Standards precedence term at Clause 4.5 shall have full effect, and dismissal without notice provided for in Clause 6.9 of the Agreement shall only be made on the grounds of serious misconduct, not general misconduct. 4. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Basil B. DUPLOCK Signed by Atlas Programmed Marine (Australia) Pty Ltd 22 DEL20 Date
