Australian Offshore Solutions Pty Ltd Summary

[2013] FWCA 3291

FAIR WORK COMMISSION

DECISION

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

Australian Offshore Solutions Pty Ltd
(AG2013/757)

AOS AMOU CONTRACT PROPELLED DREDGING (DI) ENTERPRISE AGREEMENT 2013

Dredging industry
VICE PRESIDENT WATSON	SYDNEY, 24 MAY 2013

Application for approval of the AOS AMOU Contract Propelled Dredging (DI) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the AOS AMOU Contract Propelled Dredging (DI) Enterprise Agreement 2013 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Australian Offshore Solutions Pty Ltd and the Australian Maritime Officers’ Union (AMOU).

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 particular, I am satisfied that the AMOU 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.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 31 May 2013. The nominal expiry date of the Agreement is 30 June 2016.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Offshore Solutions Pty Ltd was the subject of an application before the Fair Work Commission, seeking approval of the AOS AMOU Contract Propelled Dredging (DI) Enterprise Agreement 2013. The dispute involved the terms of the proposed agreement, which was intended to govern the employment conditions of employees working in the contract propelled dredging industry. The Commission was tasked with determining whether the agreement met the necessary standards and requirements under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement was a "better off overall test" (BOOT) compliant agreement, meaning that it provided employees with at least the same overall conditions as they would have under the applicable award, while also offering improvements in certain areas. The Commission had to consider whether the agreement complied with the procedural and substantive requirements of the Fair Work Act, and whether it met the BOOT criteria.

In delivering its decision, the Commission examined the provisions of the proposed agreement and assessed them against the relevant legal framework. The Commission found that the agreement met the procedural requirements, as it had been appropriately negotiated and included adequate consultation with the employees. The Commission also determined that the agreement provided employees with better overall conditions than those provided for in the applicable award. As a result, the Commission approved the AOS AMOU Contract Propelled Dredging (DI) Enterprise Agreement 2013.

The Fair Work Commission approved the AOS AMOU Contract Propelled Dredging (DI) Enterprise Agreement 2013, recognising its compliance with the requirements of the Fair Work Act and its ability to provide employees with improved conditions of employment. The decision underscores the importance of ensuring that enterprise agreements are negotiated in good faith and provide employees with better overall conditions compared to the applicable award.

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