DECISION

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

DOF Management Australia Pty Ltd
(AG2016/2317)

DOF MANAGEMENT AUSTRALIA PTY LTD DECK OFFICERS MARITIME OFFSHORE OIL AND GAS INDUSTRY ENTERPRISE AGREEMENT 2016

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 15 APRIL 2016

Application for approval of the DOF Management Australia Pty Ltd Deck Officers Maritime Offshore Oil and Gas Industry Enterprise Agreement 2016.

[1] On 15 February 2015, DOF Management Australia Pty Ltd made application for approval of a single enterprise agreement to be known as the DOF Management Australia Pty Ltd Deck Officers Maritime Offshore Oil and Gas Industry Enterprise Agreement 2016 (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 3 February 2016.

[3] The Fair Work Commission (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] I note that proposed subclause 10.5(a) of the Agreement does not meet the requirements of s.203(6)(a) of the FW Act. Consequently, pursuant to s.202(4) of the FW Act, the model flexibility term is taken to be a term of the Agreement and is attached to the Agreement.

[6] The Australian Maritime Officers Union (AMOU) has declared that the AMOU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AMOU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 22 April 2016.

[8] The nominal expiry date of this Agreement is 14 April 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application for the approval of the DOF Management Australia Pty Ltd Deck Officers Maritime Offshore Oil and Gas Industry Enterprise Agreement 2016. The application was brought before the Fair Work Commission, the body responsible for overseeing and approving enterprise agreements under Australian labour law. The primary parties involved were DOF Management Australia Pty Ltd and the Maritime Officers’ Union, representing the deck officers.

The legal issues the court was required to address centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement had been made in good faith, if it contained the appropriate procedural fairness provisions, and if it complied with the minimum entitlements outlined in the Act. Additionally, the court had to consider the fairness of the agreement's terms, ensuring they were not contrary to public policy or undermining the protection of employees.

In evaluating the agreement, the Fair Work Commission found that it had been made in good faith and contained the necessary procedural fairness provisions. The court examined the minimum entitlements and found that the agreement did not undermine the protection of employees or contravene public policy. The commission also considered the fairness of the terms, finding that they were reasonable and balanced. Consequently, the court approved the DOF Management Australia Pty Ltd Deck Officers Maritime Offshore Oil and Gas Industry Enterprise Agreement 2016.

The final orders of the court were that the agreement was to be approved, effective from the date of the decision. This decision provided clarity and legal backing for the terms of the agreement, allowing both parties to proceed with the implementation of the enterprise agreement.

DOF Management Australia 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