DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Offshore Solutions Pty Ltd
(AG2017/73)

AUSTRALIAN OFFSHORE SOLUTIONS PTY LTD INTEGRATED RATINGS, COOKS, CATERERS AND SEAFARERS (MARITIME OFFSHORE OIL AND GAS INDUSTRY) ENTERPRISE AGREEMENT 2016

Maritime industry
COMMISSIONER WILSON	MELBOURNE, 21 MARCH 2017

Application for approval of the Australian Offshore Solutions Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Offshore Solutions Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Offshore Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Maritime Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2017. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Australian Offshore Solutions Pty Ltd, applied to the Fair Work Commission for approval of the Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Enterprise Agreement 2016. The application was opposed by various unions. The central issue before the Commission was whether the agreement met the legal requirements for an enterprise agreement under the Fair Work Act 2009, specifically concerning the appropriate bargaining scope and whether the agreement was genuinely negotiated and agreed upon by the relevant parties.

In examining the dispute, the Fair Work Commission considered the scope of bargaining, whether the agreement covered a protected action or a single employer, and whether the agreement was genuinely negotiated and agreed upon. The Commission found that the agreement was appropriately scoped as a single employer agreement, covering specific classifications of employees in the maritime offshore oil and gas industry. The Commission also determined that the agreement had been genuinely negotiated and agreed upon by the parties, with evidence of the bargaining process and the parties' intentions to reach a consensus. Consequently, the Commission approved the agreement.

The Fair Work Commission's decision was that the Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Enterprise Agreement 2016 met the legal requirements for an enterprise agreement under the Fair Work Act 2009 and was approved as such. The Commission's approval ensures that the agreement is legally binding on the parties involved and provides a framework for the terms and conditions of employment for the specified classifications of employees within the maritime offshore oil and gas industry.

Australian Offshore Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established