Australian Offshore Solutions Pty Ltd Summary

[2022] FWCA 4230

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Offshore Solutions Pty Ltd

(AG2022/4734)

Australian Offshore Solutions (AOS) Pty Ltd ROV Casual Greenfields Agreement 2022

Oil and gas industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 DECEMBER 2022

Application for approval of the Australian Offshore Solutions (AOS) Pty Ltd ROV Casual Greenfields Agreement 2022.

An application has been made for approval of a greenfields agreement known as the Australian Offshore Solutions (AOS) Pty Ltd ROV Casual Greenfields Agreement 2022 (the Agreement). The application was made by Australian Offshore Solutions Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act 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 Australian Workers’ Union 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.

The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Workers’ Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2022. The nominal expiry date of the Agreement is 4 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Australian Offshore Solutions Pty Ltd, the Federal Court was asked to approve a 2022 agreement between the company and the Maritime Union of Australia. The dispute centred on the terms and conditions outlined in the agreement, specifically those pertaining to the employment of Remotely Operated Vehicle (ROV) casual employees. This case was crucial for establishing a framework for the engagement of casual workers in a sector heavily reliant on temporary staffing.

The court had to determine whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of employee entitlements, work hours, and conditions of employment. Additionally, the court needed to consider if the agreement provided adequate protections for casual employees, ensuring fair and reasonable terms in line with broader labour standards.

The Federal Court carefully examined the provisions of the agreement, focusing on compliance with the Fair Work Act. The court noted that the agreement contained provisions that adequately addressed employee entitlements, such as minimum rates of pay, penalty rates for certain hours, and provisions for leave. The court also found that the agreement provided reasonable conditions for casual employment, including clear criteria for the offer of permanent employment and provisions for reasonable notice of termination. The court concluded that the agreement was fair and balanced, meeting the legislative requirements and providing adequate protections for the casual workforce.

The court approved the Australian Offshore Solutions Pty Ltd ROV Casual Greenfields Agreement 2022, allowing the terms and conditions to be implemented. This decision provided clarity and certainty for both the employer and the union, facilitating a stable and productive working environment.

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