Cameron Australasia Pty Ltd Summary

[2014] FWCA 5729

FAIR WORK COMMISSION

DECISION

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

Cameron Australasia Pty Ltd
(AG2014/8679)

CAMERON AUSTRALASIA PTY LTD AND ONESUBSEA AUSTRALIA PTY LTD OPERATIONS/ENGINEERS ENTERPRISE AGREEMENT 2014

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 27 AUGUST 2014

Application for approval of the Cameron Australasia Pty Ltd and OneSubsea Australia Pty Ltd Operations/Engineers Enterprise Agreement 2014.

[1] On 18 August 2014, Cameron Australasia Pty Ltd made application for approval of a single enterprise agreement to be known as the Cameron Australasia Pty Ltd and OneSubsea Australia Pty Ltd Operations/Engineers Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 7 August 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 3 September 2014.

[6] The nominal expiry date of this Agreement is 2 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cameron Australasia Pty Ltd, along with OneSubsea Australia Pty Ltd, sought approval for the Cameron Australasia Pty Ltd and OneSubsea Australia Pty Ltd Operations/Engineers Enterprise Agreement 2014, before the Fair Work Commission. The agreement was put forward by the employers and the unions representing the employees. The dispute centred on whether the proposed agreement complied with the relevant legislative framework and was fair and reasonable in its terms and conditions.

The court was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. Key issues included whether the agreement provided for appropriate minimum terms and conditions, including wages and other remuneration, and whether it was free from any improper interference or influence. The court also had to consider whether the agreement was negotiated genuinely and in good faith, and whether it provided for a fair process for the resolution of workplace disputes.

In reaching its decision, the Fair Work Commission examined the evidence and submissions presented by both parties. The Commission found that the agreement provided for fair and reasonable terms and conditions and was negotiated genuinely and in good faith. The Commission also noted that the agreement contained appropriate mechanisms for the resolution of workplace disputes and was free from any improper interference or influence. As such, the Commission approved the agreement.

The Fair Work Commission approved the Cameron Australasia Pty Ltd and OneSubsea Australia Pty Ltd Operations/Engineers Enterprise Agreement 2014, finding it to be fair and reasonable, negotiated genuinely and in good faith, and containing appropriate mechanisms for the resolution of workplace disputes.

Cameron Australasia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established