DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Atwood Australian Waters Drilling Pty Ltd T/A Atwood Oceanics
(AG2017/3985)

ATWOOD OCEANICS ENTERPRISE AGREEMENT 2017

Oil and gas industry
COMMISSIONER LEE	MELBOURNE, 24 NOVEMBER 2017

Application for approval of the Atwood Oceanics Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Atwood Oceanics Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Atwood Australian Waters Drilling Pty Ltd T/A Atwood Oceanics. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2017. The nominal expiry date of the Agreement is 23 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Atwood Australian Waters Drilling Pty Ltd trading as Atwood Oceanics, applied for an approval order in relation to the Atwood Oceanics Enterprise Agreement 2017. The application was made under section 234 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the employees of the company. The Commission was required to consider whether the agreement met the requirements of the Fair Work Act and whether it was in the best interests of the employees.

The primary legal issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions of employment for the employees, taking into account the needs of the business and the workforce. The Commission also had to determine whether the agreement complied with the provisions of the Fair Work Act, including the requirements for good faith bargaining and the inclusion of certain mandatory terms. Furthermore, the Commission needed to assess whether the agreement provided for adequate protections for employees and whether it promoted harmonious, productive, and cooperative workplace relations.

After considering the evidence and submissions from both parties, the Commission found that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the needs of the business and the workforce. The agreement also complied with the provisions of the Fair Work Act, including the requirements for good faith bargaining and the inclusion of certain mandatory terms. The Commission was satisfied that the agreement provided for adequate protections for employees and promoted harmonious, productive, and cooperative workplace relations. Accordingly, the Commission approved the agreement and made the requested order.

The final orders of the Commission were that the Atwood Oceanics Enterprise Agreement 2017 be approved and that the applicant be authorised to give effect to the agreement in accordance with the terms of the approval. The approval was subject to certain conditions, including the requirement for the applicant to provide the Commission with certain information and reports in relation to the operation of the agreement. The applicant was also required to take certain steps to ensure that the agreement was brought to the attention of the employees and that they were given an opportunity to seek advice about the agreement.

Atwood Australian Waters Drilling Pty Ltd T/A Atwood Oceanics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established