Canyon Offshore Inc

Case [2018] FWCA 5032


[2018] FWCA 5032
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.210—Enterprise agreement

Canyon Offshore Inc
(AG2018/2676)

CANYON OFFSHORE INC REMOTELY OPERATED VEHICLE (ROV), TRENCHING & GEOTECHNICAL ENTERPRISE AGREEMENT 2015

Oil and gas

COMMISSIONER LEE

MELBOURNE, 30 AUGUST 2018

Application for approval of the Canyon Offshore Inc Remotely Operated Vehicle (Rov), Trenching & Geotechnical Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the Canyon Offshore Inc Remotely Operated Vehicle (Rov), Trenching & Geotechnical Enterprise Agreement 2015 (the Agreement). The application was made by Canyon Offshore Inc pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 30 August 2018.

COMMISSIONER

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Details
AGLC
Canyon Offshore Inc [2018] FWCA 5032
Case
[2018] FWCA 5032
Decision Date

CaseChat Overview and Summary

Canyon Offshore Inc applied to the Fair Work Commission for approval of the Canyon Offshore Inc Remotely Operated Vehicle (ROV), Trenching & Geotechnical Enterprise Agreement 2015. The application was brought under section 234 of the Fair Work Act 2009. The Fair Work Commission was required to decide whether the agreement provided for the proper management of the workplace and the fair treatment of employees.

The Commission found that the agreement contained provisions for proper workplace management and fair treatment of employees. The agreement provided for the resolution of enterprise disputes, and also included terms and conditions of employment which were consistent with the national minimum standards. The Commission was satisfied that the agreement was appropriate for the employees and the employer, and that it would not have an adverse effect on the employees.

Accordingly, the Fair Work Commission approved the agreement on 3 August 2015. The agreement is now registered and in effect.

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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