Australian Offshore Solutions Pty Ltd

[2013] FWCA 4024

[2013] FWCA 4024

FAIR WORK COMMISSION

DECISION

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

Australian Offshore Solutions Pty Ltd
(AG2013/1459)

AUSTRALIAN OFFSHORE SOLUTIONS PTY LTD HENDERSON BARGE SUPERVISORS AGREEMENT 2013

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 21 JUNE 2013

Application for approval of the Australian Offshore Solutions Pty Ltd Henderson Barge Supervisors Agreement 2013.

[1] On 11 June 2013, Australian Offshore Solutions Pty Ltd made application for approval of a single enterprise agreement to be known as the Australian Offshore Solutions Pty Ltd Henderson Barge Supervisors 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 June 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] The Applicant has provided an undertaking (attached), pursuant to s.190 of the FW Act, that for the purposes of Clause 34: Dispute Resolution Procedure, “any grievance or dispute” includes those in relation to the National Employment Standards as well as under the proposed Agreement and allows for representation of any person of the employee’s choice for the purposes of its procedures.

[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 Australian Maritime Officers Union (AMOU) has declared that the AMOU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AMOU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the AMOU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 28 June 2013.

[8] The nominal expiry date of this Agreement is 20 June 2017.

COMMISSIONER

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