Atwood Oceanics Pacific Limited; and Atwood Australian Waters Drilliing Pty Ltd

[2013] FWCA 9191

FAIR WORK COMMISSION

DECISION

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

Atwood Oceanics Pacific Limited; and
Atwood Australian Waters Drilliing Pty Ltd
(AG2013/11443)

ATWOOD OCEANICS ENTERPRISE AGREEMENT 2013

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 25 NOVEMBER 2013

Application for approval of the Atwood Oceanics Enterprise Agreement 2013.

[1] On 13 November 2013, Atwood Oceanics Pacific Limited (Applicant) made application for approval of a single enterprise agreement to be known as the Atwood Oceanics Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 5 November 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] Pursuant to s.190 of the FW Act, the Applicant has provided an undertaking which is attached to this Decision and forms part of the Agreement.

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

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 2 December 2013.

[7] The nominal expiry date of this Agreement is 24 November 2017.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in the application were Atwood Oceanics Pacific Limited and Atwood Australian Waters Drilling Pty Ltd, seeking approval for the Atwood Oceanics Enterprise Agreement 2013. The application was heard in the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary legal issue before the court was whether the agreement complied with the relevant statutory requirements, particularly focusing on its fairness and adherence to the principles of the Act.

The court examined the agreement's provisions, including terms related to wages, conditions of employment, and dispute resolution mechanisms. It assessed whether the agreement provided for appropriate safeguards and protections for employees, ensuring that it did not undermine their rights or entitlements. The court also considered the process by which the agreement was negotiated and whether it was done in good faith. In reviewing the application, the court applied relevant case law and statutory provisions to ensure that the agreement met the necessary standards for approval.

Upon reviewing the evidence and submissions, the court found that the Atwood Oceanics Enterprise Agreement 2013 complied with the statutory requirements for approval. The agreement was deemed to be fair and balanced, providing appropriate protections for employees while also accommodating the legitimate interests of the employer. The court concluded that the agreement met the necessary criteria for approval and ordered that it be approved as a registered agreement under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established