DOF Management Australia Pty Ltd

[2016] FWCA 1575

[2016] FWCA 1575

FAIR WORK COMMISSION

DECISION

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

DOF Management Australia Pty Ltd
(AG2016/2316)

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

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 10 MARCH 2016

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

[1] On 15 February 2016, DOF Management Australia Pty Ltd (Applicant) made application for approval of a single enterprise agreement to be known as the DOF Management Australia Pty Ltd Engineers 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] Further, the Applicant has provided, pursuant to s.190 of the FW Act, an undertaking that in subclause 27.2(c)(vii), a permanent employee will receive 75% of the Aggregate Salary and not 66.7% as set out in the Agreement. I am satisfied, in accordance with s.190(3) of the FW Act, that such an undertaking is not likely to cause a financial detriment to any employee covered by the Agreement and will not result in substantial change to the Agreement.

[7] The Australian Institute of Marine and Power Engineers (AIMPE) has declared that the AIMPE 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 AIMPE supports the approval of the Agreement by the Commission. Finally, the AIMPE has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[8] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 17 March 2016.

[9] The nominal expiry date of this Agreement is 9 March 2020.

COMMISSIONER

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