Australian Offshore Solutions Pty Ltd

[2016] FWCA 875

[2016] FWCA 875

DECISION

Fair Work Act 2009
s.210—Enterprise agreement
Australian Offshore Solutions Pty Ltd
(AG2015/7098)
AUSTRALIAN OFFSHORE SOLUTIONS DRILLING RIG
ENTERPRISE AGREEMENT 2014
Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 9 FEBRUARY 2016

Application for variation of the Australian Offshore Solutions Drilling Rig Enterprise

Agreement 2014.

[1]        This is an application by Australian Offshore Solutions Pty Ltd (AOS or Applicant)

to the Fair Work Commission (Commission) to approve variations to the Australian Offshore

Solutions Drilling Rig Enterprise Agreement 2014 (AOS Drill Rig Agreement).

[2] The application is made pursuant to s.210 of the Fair Work Act 2009 (FW Act).

[3]        In support of the application, the Applicant has provided:

 Form F23 – Application for Approval of Variation of Enterprise Agreement;

 Form F23A – Employers Declaration in Support of Approval of Variation of

Enterprise Agreement;

 Correspondence by the Applicant to all AOS Drill Rig employees; and

 A copy of the AOS Drill Rig Agreement incorporating the variations which is signed

and witnessed by the Applicant and a representative of the employees.

[4]        Currently there are three (3) employees employed pursuant to the AOS Drill Rig

Agreement.

[5]        The application was the subject of a conference in 21 January 2016. At the conference

I advised the Applicant that I would hold a hearing into the application to confirm the

endorsement of the employees to the variations and provide them with the opportunity to

make any submissions.
[2016] FWCA 875

[6]        At the hearing, the Applicant was represented by Mr Daniel Sweetman, Human

Resources/Industrial Relations Manager. Two (2) of the three (3) employees attended the

hearing. The third employee was unable to attend.

[7]        Prior to the hearing I provided the Applicant and all employees a schedule of the

variations to the AOS Drill Rig Agreement. The schedule contained the title of each clause

which was to be varied, the current term of the enterprise agreement and the proposed

variations to the AOS Drill Rig Agreement. The changes to the AOS Drill Rig Agreement

were colour highlighted.

[8]        The schedule of variations was accompanied by an email which advised the employees

that I would be seeking confirmation that they understood the proposed variations, agreed

with them and had no concerns with the content of the Applicant’s declaration in support of

the variations. The third employee was provided with a copy of all correspondence and had

the opportunity to raise any queries with my Associate.

[9] Following the hearing and pursuant to s.211(1)(a) of the FW Act, I am satisfied that if

an application had been made pursuant to s.185 of the FW Act, the Commission would have

been required to approve the enterprise agreement under s.186 of the FW Act.

[10]      Further, I am satisfied that the provisions of s.211(1)(b) have been met and that there

are no serious public interest grounds for not approving the variations.

[11] Pursuant to s.216 of the FW Act, the variations come into effect on 9 February 2016.

[12]      A consolidated version of the varied AOS Drill Rig Agreement is attached to this

Decision.

COMMISSIONER

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