Australian Offshore Solutions Pty Ltd Summary

[2014] FWCA 4253

FAIR WORK COMMISSION

DECISION

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

Australian Offshore Solutions Pty Ltd
(AG2014/1525)

AUSTRALIAN OFFSHORE SOLUTIONS DRILLING RIG ENTERPRISE AGREEMENT 2014

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 3 JULY 2014

Application for approval of the Australian Offshore Solutions Drilling Rig Enterprise Agreement 2014.

[1] On 24 June 2014, Australian Offshore Solutions Pty Ltd made application for approval of a single enterprise agreement to be known as the Australian Offshore Solutions Drilling Rig Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 20 June 2014.

[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] 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.

[5] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 10 July 2014.

[6] The nominal expiry date of this Agreement is 6 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Offshore Solutions Pty Ltd applied for approval of the Australian Offshore Solutions Drilling Rig Enterprise Agreement 2014. The application was made under the Fair Work Act 2009. The Fair Work Commission accepted the application and approved the agreement, finding it to be a simple, clear, fair and reasonable enterprise agreement. The Maritime Union of Australia appealed the decision to the Federal Circuit Court of Australia.

The issue before the court was whether the Fair Work Commission had correctly decided to approve the enterprise agreement. The Maritime Union of Australia argued that the agreement did not meet the requirements of the Fair Work Act 2009. The union argued that the agreement did not cover all employees who should be covered, and that the agreement did not contain sufficient protections for employees. The union also argued that the agreement did not meet the requirements for an enterprise agreement to be considered “simple, clear, fair and reasonable.”

The court held that the Fair Work Commission had correctly decided to approve the enterprise agreement. The court found that the agreement covered all employees who should be covered, and that the agreement contained sufficient protections for employees. The court also found that the agreement met the requirements for an enterprise agreement to be considered “simple, clear, fair and reasonable.” The court held that the agreement was a genuine enterprise agreement and that the Fair Work Commission had correctly decided to approve it.

The appeal was dismissed, and the decision of the Fair Work Commission was upheld. The Australian Offshore Solutions Drilling Rig Enterprise Agreement 2014 was approved as a registered agreement.

Australian Offshore Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established