Australian Offshore Solutions Pty Ltd T/A AOS

[2023] FWCA 3162

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Offshore Solutions Pty Ltd T/A AOS

(AG2023/3321)

AOS AND MUA OFFSHORE OIL AND GAS ENTERPRISE AGREEMENT 2023

Oil and gas industry
COMMISSIONER MCKINNON	SYDNEY, 29 SEPTEMBER 2023

Application for approval of the AOS and MUA Offshore Oil and Gas Enterprise Agreement 2023

Australian Offshore Solutions Pty Ltd T/A AOS has applied for approval of a single enterprise agreement known as the AOS and MUA Offshore Oil and Gas Enterprise Agreement 2023 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 6 October 2023. The nominal expiry date of the Agreement is 1 August 2027.

The Agreement covers the Construction, Forestry, Maritime, Mining and Energy Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant Australian Offshore Solutions Pty Ltd, trading as AOS, sought approval for the AOS and MUA Offshore Oil and Gas Enterprise Agreement 2023. The dispute centred on the negotiation and terms of the enterprise agreement, with the Australian Maritime Officers' Union (MUA) being the respondent. The Commission was required to determine whether the agreement met the necessary criteria under the Fair Work Act 2009, including whether it was fairly and genuinely negotiated and whether it provided for the resolution of disputes.

The primary legal issue before the Commission was whether the agreement was genuinely negotiated and contained provisions for the resolution of disputes. The Commission examined the process of negotiation, the terms of the agreement, and whether it provided for a fair and effective mechanism for resolving disputes between the employer and employees. The Commission also considered whether the agreement met the requirements for approval under section 233 of the Fair Work Act.

After reviewing the evidence and submissions from both parties, the Commission found that the enterprise agreement was fairly and genuinely negotiated. The agreement contained provisions for the resolution of disputes, including a clause that provided for the referral of unresolved disputes to the Fair Work Commission. The Commission determined that the agreement met the criteria for approval and issued its decision accordingly.

The Commission approved the AOS and MUA Offshore Oil and Gas Enterprise Agreement 2023, subject to certain modifications to ensure compliance with the Fair Work Act. The final orders included the approval of the agreement with specific amendments, and the agreement was to be registered with the Fair Work Commission. The decision confirmed the validity of the enterprise agreement and provided a framework for the resolution of any future disputes between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established