DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Farstad Shipping (Indian Pacific) Pty Ltd T/A SolstadFarstad
(AG2018/346)

SOLSTADFARSTAD (INTEGRATED RATINGS, COOKS AND CATERERS) OFFSHORE OIL AND GAS ENTERPRISE AGREEMENT 2018

Maritime industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 MARCH 2018

Application for approval of the SolstadFarstad (Intergrated Ratings, Cooks and Caterers) Offshore Oil and Gas Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SolstadFarstad (Intergrated Ratings, Cooks and Caterers) Offshore Oil and Gas 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 Farstad Shipping (Indian Pacific) Pty Ltd T/A SolstadFarstad. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2018. The nominal expiry date of the Agreement is 13 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Farstad Shipping (Indian Pacific) Pty Ltd trading as SolstadFarstad, applied for an order approving the SolstadFarstad (Integrated Ratings, Cooks and Caterers) Offshore Oil and Gas Enterprise Agreement 2018 as a single-employer agreement. The applicant sought an order that the agreement be approved as a single-employer agreement for the purposes of section 234 of the Fair Work Act 2009. The Commission was required to consider the application under section 240 of the Act.

The applicant argued that the agreement should be approved as a single-employer agreement because it was necessary to ensure a consistent approach to the management of the workforce on the vessels in which the employees were employed. The applicant also submitted that the agreement was necessary to ensure that the employees were able to work in a safe and efficient manner, and that it would provide for a fair and reasonable outcome for all parties. The Commission considered the application and determined that the agreement should be approved as a single-employer agreement.

The Commission found that the agreement was necessary to ensure a consistent approach to the management of the workforce on the vessels and that it would provide for a fair and reasonable outcome for all parties. The Commission also found that the agreement would not have an adverse effect on the employees and that it was in the best interests of the employees. The Commission approved the agreement as a single-employer agreement for the purposes of section 234 of the Act.

The Commission made an order approving the SolstadFarstad (Integrated Ratings, Cooks and Caterers) Offshore Oil and Gas Enterprise Agreement 2018 as a single-employer agreement for the purposes of section 234 of the Fair Work Act 2009. The order was made on the basis that the agreement was necessary to ensure a consistent approach to the management of the workforce on the vessels and that it would provide for a fair and reasonable outcome for all parties. The order also noted that the agreement would not have an adverse effect on the employees and that it was in the best interests of the employees.

Farstad Shipping (Indian Pacific) Pty Ltd T/A SolstadFarstad

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established