DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brunel Technical Services Pty Ltd
(AG2017/5128)

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

Maritime industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 DECEMBER 2017

Application for approval of the Brunel Technical Services Pty Ltd Deck Officers 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 Deck Officers 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 Maritime Officers’ Union, 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 22 December 2017 and, in accordance with s.54, will operate from 29 December 2017. The nominal expiry date of the Agreement is 22 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Brunel Technical Services Pty Ltd applied for the approval of the Brunel Technical Services Pty Ltd Deck Officers Maritime Offshore Oil and Gas Industry Greenfields Agreement 2017. The applicant is an employer within the maritime industry, and the dispute concerns the terms and conditions of employment for deck officers in the offshore oil and gas sector. The Commission was tasked with determining whether the agreement was suitable for registration under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the fair and reasonable terms and conditions of employment, and whether it met the requirements for registration under the Fair Work Act. The Commission examined the provisions of the agreement, including wages, hours of work, leave entitlements, and dispute resolution mechanisms, to ensure that they complied with the Act's provisions and did not undermine the rights of employees.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment. It noted that the agreement provided for minimum wages and conditions that were at least equal to, and in some cases better than, the relevant award or registered agreement. The Commission also found that the agreement contained appropriate dispute resolution mechanisms and provisions for flexibility and productivity. The Commission was satisfied that the agreement did not undermine the rights of employees and was suitable for registration.

The Commission approved the Brunel Technical Services Pty Ltd Deck Officers Maritime Offshore Oil and Gas Industry Greenfields Agreement 2017. The agreement is now registered under the Fair Work Act and will apply to the relevant employees. The approval provides certainty and stability for both the employer and employees in the maritime offshore oil and gas industry.

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