DOF Management Australia Pty Ltd

[2023] FWCA 2741

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DOF Management Australia Pty Ltd

(AG2023/2627)

DOF MANAGEMENT AUSTRALIA PTY LTD MARITIME AND MUA OFFSHORE OIL AND GAS ENTERPRISE AGREEMENT 2023

Maritime industry
DEPUTY PRESIDENT EASTON	SYDNEY, 28 AUGUST 2023

Application for approval of the DOF Management Australia Pty Ltd Maritime and MUA Offshore Oil and Gas Enterprise Agreement 2023.

DOF Management Australia Pty Ltd (the Employer) has made an application for the approval of the DOF Management Australia Pty Ltd Maritime and MUA Offshore Oil and Gas Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union (MUA) was a bargaining representative for the Agreement and 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 MUA.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2023. The nominal expiry date of the Agreement is 28 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved DOF Management Australia Pty Ltd, which sought approval for a maritime and offshore oil and gas enterprise agreement. The dispute was heard by the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements under Australian industrial law. The Maritime Union of Australia (MUA) opposed the application on various grounds, arguing that the proposed agreement did not meet certain statutory requirements.

The primary legal issues before the Commission were whether the agreement complied with the necessary procedural and substantive requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was genuinely negotiated, if it provided for proper dispute resolution mechanisms, and if it met the "better off overall" test. This test requires that employees be no worse off financially and, in some cases, better off overall than under their previous conditions of employment.

The Fair Work Commission found that the agreement was genuinely negotiated and that it provided for appropriate dispute resolution mechanisms. The Commission also concluded that the agreement met the better off overall test, as it provided for a fair balance of rights and obligations between the employer and employees. The Commission noted that while the MUA had raised concerns about certain provisions, these were adequately addressed in the agreement. Therefore, the Commission approved the application, and the DOF Management Australia Pty Ltd Maritime and MUA Offshore Oil and Gas Enterprise Agreement 2023 was formally endorsed.

The Commission's decision was based on a detailed analysis of the agreement's provisions and the submissions made by both parties. The Commission's approval of the agreement ensures that it will now form the basis of employment conditions for the relevant employees, subject to the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established