DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brunel Technical Services Pty Ltd
(AG2017/6300)

BRUNEL TECHNICAL SERVICES PTY LTD ENGINEERS MARITIME OFFSHORE OIL AND GAS INDUSTRY GREENFIELDS AGREEMENT 2017

Oil and gas industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 FEBRUARY 2018

Application for approval of the Brunel Technical Services Pty Ltd Engineers Maritime Offshore Oil and Gas Industry Greenfields Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Brunel Technical Services Pty Ltd Engineers Maritime Offshore Oil and Gas Industry Greenfields Agreement 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Brunel Technical Services Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Institute of Marine and Power Engineers, the employee organisation to be covered by the agreement, is 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. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 5 February 2018 and, in accordance with s.54, will operate from 12 February 2018. The nominal expiry date of the Agreement is 27 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brunel Technical Services Pty Ltd recently sought approval of an enterprise agreement from the Fair Work Commission. The applicant, Brunel Technical Services Pty Ltd, is an employer in the maritime offshore oil and gas industry, and the respondent, Engineers Maritime Offshore Oil and Gas Industry, is a union representing the workers. The dispute centred around the terms and conditions of employment specified in the proposed Greenfields Agreement 2017, including provisions related to wages, working hours, and other employment conditions. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was genuinely bargained between the parties, whether it contained the required minimum terms and conditions, and whether it complied with the good faith bargaining requirements. Specifically, the Commission had to assess if the union had genuinely represented its members and if the agreement provided fair and reasonable terms for the employees. Additionally, the Commission considered whether the agreement met the statutory minimum entitlements as prescribed by the Fair Work Act.

In delivering its decision, the Fair Work Commission found that the agreement was genuinely negotiated and represented the best outcome for the employees. The Commission noted that the union had demonstrated a genuine effort to represent its members' interests and that the agreement contained fair and reasonable terms. The Commission further found that the agreement provided for statutory minimum entitlements and did not contravene any provisions of the Fair Work Act. Consequently, the Commission approved the Greenfields Agreement 2017, recognising it as a valid enterprise agreement under the Act.

The final orders of the Commission were that the Greenfields Agreement 2017 be approved and registered under the Fair Work Act 2009. The agreement, which sets out the terms and conditions of employment for employees of Brunel Technical Services Pty Ltd, is now a legally binding contract between the employer and the union. This decision provides clarity and legal certainty for both the employer and the employees regarding their respective rights and obligations.

Brunel Technical Services 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