DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civeo Pty Ltd
(AG2019/2967)

CIVEO WA & SA ACCOMODATION SERVICES ENTERPRISE AGREEMENT 2019

Hospitality industry
COMMISSIONER WILLIAMS	PERTH, 2 OCTOBER 2019

Application for approval of the CIVEO WA & SA Accommodation Services Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the CIVEO WA & SA Accommodation Services Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Civeo Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2019. The nominal expiry date of the Agreement is 1 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Civeo Pty Ltd, an applicant, sought the Fair Work Commission's approval of the Civeo WA & SA Accommodation Services Enterprise Agreement 2019. The application was made under section 233 of the Fair Work Act 2009. The dispute involved the agreement's provisions, which were negotiated between the applicant and the unions representing the employees.

The central legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act, specifically in relation to the terms and conditions it provided for the employees. This included assessing whether the agreement was made in good faith and whether it contained the necessary minimum terms as prescribed by the Act. Additionally, the Commission had to consider whether the agreement was likely to result in improved workplace relations.

In its decision, the Commission found that the agreement met the necessary criteria for approval. The Commission determined that the agreement was made in good faith and contained all the required minimum terms. It also found that the agreement would likely result in improved workplace relations, thereby fulfilling the statutory requirements. Consequently, the Commission approved the Civeo WA & SA Accommodation Services Enterprise Agreement 2019, allowing it to come into effect.

The Commission's final order was that the Civeo WA & SA Accommodation Services Enterprise Agreement 2019 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of the Commission's decision, ensuring that the terms and conditions set out in the agreement would apply to the relevant employees.

Civeo 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