Diamond Offshore General, LLC
[2024] FWCA 618
•14 FEBRUARY 2024
| [2024] FWCA 618 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Diamond Offshore General, LLC
(AG2024/186)
DIAMOND OFFSHORE ENTERPRISE AGREEMENT 2024
| Oil and gas industry | |
| DEPUTY PRESIDENT O'KEEFFE | PERTH, 14 FEBRUARY 2024 |
Application for approval of the Diamond Offshore Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Diamond Offshore Enterprise Agreement 2024 (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, LLC (the Applicant). The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 15 May 2023 and the Agreement was made on 21 January 2024. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023[1].
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Australian Workers’ Union (AWU), who were a bargaining agent, expressed the view as to whether the Agreement passes the BOOT.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The AWU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2024. The nominal expiry date of the Agreement is 21 February 2028.
DEPUTY PRESIDENT
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
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