Cameron Australasia Pty Ltd

Case [2015] FWCA 8914


[2015] FWCA 8914
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Cameron Australasia Pty Ltd
(AG2015/7661)

CAMERON AUSTRALASIA PTY LTD AND ONESUBSEA AUSTRALIA PTY LTD FIELD AND OFFSHORE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries

COMMISSIONER LEE

MELBOURNE, 24 DECEMBER 2015

Application for approval of the Cameron Australasia Pty Ltd and OneSubsea Australia Pty Ltd Field and Offshore Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cameron Australasia Pty Ltd and OneSubsea Australia Pty Ltd Field and Offshore Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cameron Australasia Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2015. The nominal expiry date of the Agreement is 23 December 2017.

COMMISSIONER

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Details
AGLC
Cameron Australasia Pty Ltd [2015] FWCA 8914
Case
[2015] FWCA 8914
Decision Date

CaseChat Overview and Summary

Cameron Australasia Pty Ltd applied for approval of the Cameron Australasia Pty Ltd and OneSubsea Australia Pty Ltd Field and Offshore Enterprise Agreement 2015. The application was heard in the Fair Work Commission, with the matter being listed before Deputy President Cox and Senior Commissioner Hallahan. The application was opposed by the Maritime Union of Australia.

The primary legal issue was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the union argued that the agreement did not meet the genuine agreement test and that it did not adequately protect the rights and entitlements of employees. The union also raised concerns about the potential impact of the agreement on the employees' ability to access dispute resolution mechanisms.

The Commission considered the evidence presented by both parties and examined the provisions of the enterprise agreement in detail. The Commission found that the agreement was genuinely agreed upon by the parties and that it met the requirements of the Act. The Commission also found that the agreement provided adequate protections for the employees and that it did not undermine their rights and entitlements. The Commission concluded that the agreement was fair and reasonable and approved it accordingly.

The Fair Work Commission approved the Cameron Australasia Pty Ltd and OneSubsea Australia Pty Ltd Field and Offshore Enterprise Agreement 2015. The union's objections were dismissed, and the agreement was registered as a registered agreement under the Fair Work Act 2009.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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