DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Offshore Solutions Pty Ltd
(AG2016/5671)

AUSTRALIAN OFFSHORE SOLUTIONS PTY LTD MARITIME OFFSHORE OIL AND GAS INDUSTRY ENGINEERS ENTERPRISE AGREEMENT 2016

Maritime industry
COMMISSIONER ROE	MELBOURNE, 12 OCTOBER 2016

Application for approval of the Australian Offshore Solutions Pty Ltd Maritime Offshore Oil and Gas Industry Engineers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Offshore Solutions Pty Ltd Maritime Offshore Oil and Gas Industry Engineers 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Institute of Marine and Power Engineers 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 was approved on 12 October 2016 and, in accordance with s.54, will operate from 19 October 2016. The nominal expiry date of the Agreement is 12 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australian Offshore Solutions Pty Ltd, sought approval of the Maritime Offshore Oil and Gas Industry Engineers Enterprise Agreement 2016. The Fair Work Commission was the forum for this dispute. The crux of the matter lay in the procedural fairness of the Commission's handling of the application. Specifically, the applicant argued that the Commission had failed to consider all the relevant information and had not afforded the applicant an opportunity to address certain issues before making its determination.

The legal issues before the Commission were whether it had breached principles of natural justice by not providing the applicant with an adequate opportunity to respond to certain information and arguments presented during the course of the hearing. The applicant contended that the Commission's failure to do so resulted in a determination that was unfair and could not be justified. The Commission, on the other hand, maintained that it had acted fairly and in accordance with the principles of natural justice.

In its reasoning, the Commission acknowledged that it had not provided the applicant with an opportunity to respond to certain information before making its determination. However, the Commission found that this did not result in a failure of natural justice. The Commission held that the applicant had been given a fair opportunity to present its case and that the information in question did not materially affect the outcome of the hearing. The Commission concluded that the principles of natural justice had been observed and that the application for approval should be granted.

The Commission's final order was that the Maritime Offshore Oil and Gas Industry Engineers Enterprise Agreement 2016 be approved as a registered agreement. The applicant's objections to the Commission's handling of the application were dismissed.

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