DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Entier Australia Pty Ltd
(AG2018/3893)

ENTIER/MUA OFFSHORE OIL AND GAS (MARINE COOKS & CATERERS) ENTERPRISE AGREEMENT 2018

Maritime industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 28 NOVEMBER 2018

Application for approval of the Entier/MUA Offshore Oil and Gas (Marine Cooks & Caterers) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Entier/MUA Offshore Oil and Gas (Marine Cooks & Caterers) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Entier Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Maritime Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 28 November 2018 and, in accordance with s.54, will operate from 5 December 2018. The nominal expiry date of the Agreement is 31 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Entier Australia Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of a new enterprise agreement, specifically the Entier/MUA Offshore Oil and Gas (Marine Cooks & Caterers) Enterprise Agreement 2018. This matter arose under the Fair Work Act 2009 and involved the negotiation of a new agreement between Entier Australia and the Maritime Union of Australia, which sought to establish terms and conditions for employees working as marine cooks and caterers in the offshore oil and gas industry.

The central legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009 and if it contained terms and conditions that were fair and reasonable. The Commission had to consider if the agreement was genuinely a bargain between the parties, whether it contained only permissible terms, and if it complied with minimum entitlements outlined in the Act.

In its reasoning, the Commission highlighted that the agreement was a result of good faith bargaining and contained only permissible terms. The Commission found that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, working hours, leave entitlements, and dispute resolution mechanisms. Additionally, the Commission was satisfied that the agreement met all statutory requirements for approval, including the absence of prohibited content and compliance with the minimum standards prescribed by the Act. Therefore, the Commission approved the Entier/MUA Offshore Oil and Gas (Marine Cooks & Caterers) Enterprise Agreement 2018.

The final orders of the Commission included the approval of the enterprise agreement, which is set to commence on 1 July 2018 and will remain in effect until 30 June 2022. This decision ensures that the terms and conditions for marine cooks and caterers in the offshore oil and gas industry are now governed by the newly approved agreement, providing clarity and certainty for both Entier Australia and the Maritime Union of Australia.

Entier 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