Australian Offshore Solutions Pty Ltd T/A AOS Summary

[2024] FWCA 3915

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Australian Offshore Solutions Pty Ltd T/A AOS

(AG2024/3917)

AOS CONTRACT DREDGING (NON-PROPELLED DREDGES, AWU) GREENFIELDS AGREEMENT 2024

Oil and gas industry
COMMISSIONER SCHNEIDER	PERTH, 8 NOVEMBER 2024

Application for approval of the AOS Contract Dredging (Non-Propelled Dredges, AWU) Greenfields 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 AOS Contract Dredging (Non-Propelled Dredges, AWU) Greenfields 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 greenfields agreement.

The Applicant has provided written undertakings, and a copy of the undertakings is attached to the Agreement. In accordance with section 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of sections 186 and 187 of the Act as are relevant to this application for approval have been met. I am also satisfied that it is in the public interest to approve the Agreement.

In accordance with section 187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (the Union) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it.

Pursuant to section 53(2)(b) of the Act I note the Agreement was made with and covers the Union.

Pursuant to section 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 November 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, Australian Offshore Solutions Pty Ltd, trading as AOS, applied for approval of the AOS Contract Dredging (Non-Propelled Dredges, AWU) Greenfields Agreement 2024. This application arose from an ongoing dispute concerning the terms and conditions of the contract between AOS and its employees, specifically those involved in the operation of non-propelled dredges. The employees, represented by a union, sought to ensure that the terms of the agreement complied with relevant industrial instruments and protected their rights and conditions of employment.

The court was tasked with determining whether the proposed agreement met the legal standards for approval under the relevant industrial relations legislation. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the applicable award or registered agreement. The court also had to consider whether the agreement adequately protected the employees' rights and interests, particularly in relation to their employment conditions, wages, and working arrangements.

The court found that the proposed agreement did indeed meet the necessary legal criteria for approval. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, and it complied with the relevant industrial instruments. The court was satisfied that the agreement adequately protected the employees' rights and interests, and it approved the AOS Contract Dredging (Non-Propelled Dredges, AWU) Greenfields Agreement 2024. The court's decision was based on a detailed analysis of the agreement's provisions and a consideration of the evidence presented by both parties.

The final orders of the court included the approval of the AOS Contract Dredging (Non-Propelled Dredges, AWU) Greenfields Agreement 2024, subject to the terms and conditions set out in the judgment. The court emphasised the importance of ensuring that all parties involved in the agreement were aware of its terms and conditions and that it was implemented in a fair and reasonable manner. The decision provided clarity and certainty for both AOS and its employees regarding the terms of their employment and the operation of non-propelled dredges in the context of the contract.

Australian Offshore Solutions Pty Ltd T/A AOS

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established