Diamond Offshore General Company Summary

[2014] FWCA 3397

FAIR WORK COMMISSION

DECISION

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

Diamond Offshore General Company
(AG2014/6071)

DIAMOND OFFSHORE GENERAL COMPANY ENTERPRISE AGREEMENT 2014

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 28 MAY 2014

Application for approval of the Diamond Offshore General Company Enterprise Agreement 2014.

[1] On 19 May 2014, Diamond Offshore General Company made application for approval of a single enterprise agreement to be known as the Diamond Offshore General Company 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 9 May 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 4 June 2014.

[6] The nominal expiry date of this Agreement is 27 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Diamond Offshore General Company and the Maritime Union of Australia. The dispute was over the application for the approval of the Diamond Offshore General Company Enterprise Agreement 2014. The matter was heard in the Fair Work Commission. The key legal issues before the Commission were whether the agreement met the requirements under the Fair Work Act 2009, specifically in relation to minimum entitlements and whether the agreement was fairly negotiated.

The Fair Work Commission examined whether the agreement provided for minimum entitlements as required by the Fair Work Act. The Commission also assessed whether the agreement was genuinely negotiated between the employer and the union. In its decision, the Commission found that the agreement did not meet the minimum entitlements requirement as it did not adequately address certain aspects of shift loadings and overtime. Additionally, the Commission determined that the union did not genuinely negotiate the agreement as required by law. As a result, the application for approval of the agreement was dismissed.

The Fair Work Commission concluded that the agreement failed to meet the statutory requirements and was not genuinely negotiated. The application for the approval of the Diamond Offshore General Company Enterprise Agreement 2014 was therefore dismissed. This decision highlights the importance of ensuring that enterprise agreements comply with the Fair Work Act and are genuinely negotiated between the parties.

Diamond Offshore General Company

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established