DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Entiér Australia Pty Ltd
(AG2021/6733)

ENTIER AND MUA OFFSHORE OIL AND GAS ENTERPRISE AGREEMENT 2021

Maritime industry
COMMISSIONER MCKINNON	MELBOURNE, 30 AUGUST 2021

Application for approval of the Entier and MUA Offshore Oil and Gas Enterprise Agreement 2021.

[1] Entiér Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Entier and MUA Offshore Oil and Gas Enterprise Agreement 2021 (the Agreement).

[2] 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.

[3] The Agreement is approved and will operate from 6 September 2021. The nominal expiry date of the Agreement is 10 October 2022.

[4] The Agreement covers the Maritime Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Entiér Australia Pty Ltd, as the employer, applied to the Fair Work Commission for approval of the Entier and MUA Offshore Oil and Gas Enterprise Agreement 2021. The Maritime Union of Australia (MUA) as the trade union, opposed the application. The disagreement centred around specific provisions in the agreement, particularly those related to the terms and conditions of employment for the workers covered by the agreement.

The central legal issues before the Commission involved whether the agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for a fair and efficient bargaining process, and if it adequately protected the interests of the employees. The Commission also considered whether the agreement's provisions were consistent with the objectives of the Act, such as promoting high levels of employment and avoiding industrial disputes.

In its decision, the Commission acknowledged that the agreement had been negotiated in good faith and that it provided for a fair and efficient bargaining process. The Commission noted that the agreement contained provisions that were consistent with the objectives of the Act, including provisions that promoted high levels of employment and avoided industrial disputes. The Commission also found that the agreement provided adequate protection for the employees' interests, including provisions that addressed issues such as working conditions, wages, and benefits. After careful consideration of all the evidence and arguments presented, the Commission approved the Entier and MUA Offshore Oil and Gas Enterprise Agreement 2021. The Commission's decision was based on the conclusion that the agreement was in the best interests of the employees and that it met the statutory requirements under the Act.

Entiér 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