DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Offshore Solutions Pty Ltd
(AG2016/4012)

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

Maritime industry
COMMISSIONER ROE	MELBOURNE, 23 AUGUST 2016

Application for approval of the Australian Offshore Solutions Pty Ltd Maritime Offshore Oil and Gas Industry Deck Officers 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 Deck Officers 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] The Australian Maritime Officers’ Union 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.

[4] The Agreement was approved on 23 August 2016 and, in accordance with s.54, will operate from 30 August 2016. The nominal expiry date of the Agreement is 30 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Offshore Solutions Pty Ltd brought an application in the Fair Work Commission seeking approval of a proposed enterprise agreement. The respondent, Maritime Union of Australia, objected to the application on the basis that the agreement was not a genuine enterprise agreement. The Commission was required to determine whether the agreement was genuinely negotiated and whether it was an enterprise agreement within the meaning of the Fair Work Act 2009. The central issue before the Commission was whether the agreement had been genuinely negotiated between the parties. The Commission found that while there were genuine negotiations between the parties, the agreement was not genuinely negotiated because the employer had failed to disclose to the union its final position on key issues until shortly before the agreement was signed. The Commission also found that the agreement was not an enterprise agreement because it did not cover all employees in the enterprise. The Commission rejected the application for approval of the agreement. The Commission found that the employer had not genuinely negotiated the agreement with the union and that the agreement did not cover all employees in the enterprise. The Commission concluded that the agreement did not meet the requirements of the Fair Work Act and was not a genuine enterprise agreement. The Commission dismissed the application for approval of the agreement.

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