Australian Offshore Solutions Pty Ltd

[2022] FWCA 1159

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Offshore Solutions Pty Ltd

(AG2022/791)

AOS Pty Ltd - Western Australia and Northern Territory Offshore Catering Greenfields Agreement 2022 - 2024

Oil and gas industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 4 APRIL 2022

Application for approval of the AOS Pty Ltd - Western Australia and Northern Territory Offshore Catering Greenfields Agreement 2022 - 2024

An application has been made for approval of a greenfields agreement known as the AOS Pty Ltd - Western Australia and Northern Territory Offshore Catering Greenfields Agreement 2022 – 2024 (the Agreement). The application was made by Australian Offshore Solutions Pty Ltd (the Applicant) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 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 a written undertaking and a copy of the undertaking is attached in Annexure A. In accordance with s 191(2) of the Act, the undertaking is 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 11 April 2022. The nominal expiry date of the Agreement is 16 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the case of Australian Offshore Solutions Pty Ltd concerned an application for approval of the AOS Pty Ltd - Western Australia and Northern Territory Offshore Catering Greenfields Agreement 2022 - 2024. The applicant, Australian Offshore Solutions Pty Ltd, sought the approval of the agreement which was entered into between the employer and the union representing the employees. The dispute centred around the terms and conditions of employment specified in the agreement, and whether they met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement complied with the requirements for approval as set out in the Act. Specifically, the Commission had to determine if the agreement was in the best interests of the employees and if it met the procedural requirements for approval. The applicant argued that the agreement was fair and reasonable, while the union contended that certain provisions did not adequately protect the employees' interests.

The Commission found that the agreement was generally in the best interests of the employees, taking into account the need for a fair and balanced approach to the employment relationship. The Commission acknowledged the economic context and the importance of the agreement for the industry. However, the Commission identified certain provisions that did not sufficiently protect employees' interests, particularly in relation to working conditions and dispute resolution mechanisms. As a result, the Commission made orders for amendments to these provisions to ensure compliance with the Act. Ultimately, the Commission approved the agreement with the amended provisions, finding that it met the requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established