Boskalis Offshore Subsea Services (Australia) Pty Ltd Summary

[2014] FWCA 4432

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Boskalis Offshore Subsea Services (Australia) Pty Ltd
(AG2014/1318)

BOSS (AUSTRALIA) ICHTHYS INSHORE AGREEMENT 2014

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 3 JULY 2014

Application for approval of the BOSS (Australia) Ichthys Inshore Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the BOSS (Australia) Ichthys Inshore Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] Pursuant to s.190 of the Act the parties have provided undertakings in relation to the operation of clauses 4, 8, 14 and Schedule 1. In accordance with s.201(3) of the Act these undertakings will be appended to, and taken to be a term of, the Agreement.

[4] Pursuant to s.205(2) of the Act, the Model Consultation Term will be taken to be a term of the Agreement.

[5] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 10 July 2014. The nominal expiry date of the Agreement is 10 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Boskalis Offshore Subsea Services (Australia) Pty Ltd, the Fair Work Commission was asked to consider the approval of the BOSS (Australia) Ichthys Inshore Agreement 2014. This agreement aimed to regulate the employment terms and conditions of certain employees within the subsea services sector, specifically those involved in the Ichthys project. The application for approval arose from negotiations between the employer and the relevant union representatives.

The legal issues before the Commission centred on whether the proposed agreement met the requirements set out in the Fair Work Act 2009, particularly concerning the process through which the agreement was formed and whether it provided for fair and reasonable terms and conditions of employment. The Commission needed to determine if the agreement was genuinely negotiated and if it complied with the "better off overall test," which ensures that employees are not worse off under the new agreement than they were under the previous conditions of employment.

The Fair Work Commission found that the agreement had been fairly negotiated and contained terms and conditions that were deemed fair and reasonable. The Commission was satisfied that the process adhered to the legislative requirements and that the agreement met the "better off overall test." Consequently, the Commission approved the application for the BOSS (Australia) Ichthys Inshore Agreement 2014. This decision was grounded in the evidence presented and the statutory obligations under the Fair Work Act 2009. The Commission's approval was formalised through a written decision, which included detailed reasoning and outlined the terms of the approved agreement.

Boskalis Offshore Subsea Services (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established