Australian Offshore Solutions Pty Ltd T/A Aos

[2024] FWCA 3140

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Offshore Solutions Pty Ltd T/A Aos

(AG2024/2987)

AUSTRALIAN OFFSHORE SOLUTIONS (AOS) PTY LTD AND THE DECK OFFICERS PROPELLED DREDGING ENTERPRISE AGREEMENT 2024

Maritime industry
COMMISSIONER SCHNEIDER	PERTH, 29 AUGUST 2024

Application for approval of the Australian Offshore Solutions (AOS) Pty Ltd and The Deck Officers Propelled Dredging Enterprise Agreement 2024

Australian Offshore Solutions Pty Ltd T/A Aos (the Applicant) has made an application for the approval of an enterprise agreement known as the Australian Offshore Solutions (AOS) Pty Ltd and The Deck Officers Propelled Dredging Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

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

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Pursuant to section 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.

Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Dredging Industry Award 2020 is taken to be a term of the Agreement.

The Australian Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 September 2024. The nominal expiry date of the Agreement is 30 November 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by Australian Offshore Solutions Pty Ltd, trading as AOS, to have their 2024 Deck Officers Propelled Dredging Enterprise Agreement approved by the court. This application was brought under the Fair Work Act 2009, which provides for the registration and approval of enterprise agreements that meet certain criteria. The nature of the dispute was whether the agreement complied with the legislative requirements and whether it was made in good faith and without coercion.

The legal issues before the court included whether the agreement was genuinely an enterprise agreement, whether it had been made in good faith, and whether it satisfied the minimum terms and conditions set out in the Fair Work Act. Additionally, the court had to consider whether the agreement provided for the proper representation of employees and whether the parties had followed the necessary procedural requirements. The court also needed to ensure that the agreement did not discriminate against employees on any prohibited ground.

The court, after reviewing the evidence and submissions, found that the agreement was genuinely an enterprise agreement and had been made in good faith. The court was satisfied that the agreement met all the necessary procedural requirements and that the parties had properly represented the employees. Furthermore, the court confirmed that the agreement provided for minimum terms and conditions and did not contain any discriminatory provisions. Based on these findings, the court approved the agreement. The final orders of the court were that the Australian Offshore Solutions Pty Ltd and The Deck Officers Propelled Dredging Enterprise Agreement 2024 be approved and registered under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established