DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diamond Offshore General Company Pty Ltd T/A Diamond Offshore General Co
(AG2019/4516)

DIAMOND OFFSHORE ENTERPRISE AGREEMENT 2019-2023

Oil and gas industry
COMMISSIONER WILSON	MELBOURNE, 20 JANUARY 2020

Application for approval of the Diamond Offshore Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Diamond Offshore Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Diamond Offshore General Company Pty Ltd T/A Diamond Offshore General Co. 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. The undertakings are taken to be a term of 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.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2020. The nominal expiry date of the Agreement is 20 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Diamond Offshore General Company Pty Ltd T/A Diamond Offshore General Co was the applicant in this case before the Fair Work Commission, seeking approval of the Diamond Offshore Enterprise Agreement 2019-2023. The application was opposed by the Maritime Union of Australia, which argued that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement contained terms that were necessary to protect the health and safety of employees, and whether it complied with other provisions of the Act.

The Fair Work Commission considered several legal issues in its decision. First, it examined whether the agreement contained all the terms required by section 228 of the Act, including those necessary to protect the health and safety of employees. Second, the Commission assessed whether the agreement complied with the good faith bargaining requirements of the Act. Third, it considered whether the agreement unfairly disadvantaged any group of employees, as required by section 233 of the Act.

The Fair Work Commission found that the agreement contained all the necessary terms, including those related to health and safety, and that it had been negotiated in good faith. The Commission also found that the agreement did not unfairly disadvantage any group of employees. It held that the agreement met all the requirements of the Act, and approved it as a registered agreement. The Commission's decision was based on the evidence presented by both parties, and its assessment of the terms of the agreement and the bargaining process. The Maritime Union of Australia's opposition was dismissed.

Diamond Offshore General Company Pty Ltd T/A Diamond Offshore General Co

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established