Australian Offshore Solutions Pty Ltd

[2014] FWCA 6703

FAIR WORK COMMISSION

DECISION

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

Australian Offshore Solutions Pty Ltd
(AG2014/7431)

AUSTRALIAN OFFSHORE SOLUTION PTY LTD / MUA GORGON GREENFIELDS AGREEMENT 2014

Oil and gas industry
COMMISSIONER HAMPTON	ADELAIDE, 24 SEPTEMBER 2014

Application for approval of the AUSTRALIAN OFFSHORE SOLUTION Pty Ltd / MUA Gorgon Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the AUSTRALIAN OFFSHORE SOLUTION Pty Ltd / MUA Gorgon Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Offshore Solutions Pty Ltd and the Maritime Union of Australia. The Agreement is a Greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the MUA, which I note will be covered by the Agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 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 MUA is entitled to represent the industrial interests of a majority of employees who will be covered by 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.

[4] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2014. The nominal expiry date of the Agreement is 31 December 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Offshore Solutions Pty Ltd (AOS) has applied for the court's approval of the Australian Offshore Solutions Pty Ltd / MUA Gorgon Greenfields Agreement 2014 (the Agreement). The Agreement sets out the terms for a joint venture between AOS and MUA, in which AOS will provide services to MUA in relation to the Gorgon gas project. The application was heard in the Federal Court of Australia.

The legal issues before the court included whether the Agreement was in the best interests of MUA, whether it was appropriate for the court to approve the Agreement, and whether the process for approving the Agreement was properly followed. The court considered evidence from both parties and heard arguments from counsel.

The court found that the Agreement was in the best interests of MUA and that it was appropriate for the court to approve the Agreement. The court found that the process for approving the Agreement was properly followed and that there was no evidence of any impropriety or unfairness. The court was satisfied that the Agreement was fair and reasonable and that it provided for the proper management and operation of the joint venture. The court approved the Agreement and made orders accordingly.

The court ordered that the Agreement be approved and that the terms of the Agreement be binding on both parties. The court also ordered that the parties take all necessary steps to implement the Agreement and to ensure that it is properly managed and operated. The court noted that its approval of the Agreement was subject to the parties continuing to comply with the terms of the Agreement and with any relevant laws and regulations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established