DECISION

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

Focus Offshore Services Pty Ltd
(AG2021/5339)

FOCUS OFFSHORE SERVICES AND MUA OFFSHORE OIL AND GAS ENTERPRISE AGREEMENT 2021

Oil and gas industry
COMMISSIONER SPENCER	BRISBANE, 1 JULY 2021

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

[1] An application has been made for approval of a greenfields agreement known as the Focus Offshore Services and MUA Offshore Oil and Gas Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act), by Focus Offshore Services Pty Ltd T/A Focus Offshore Services (the Applicant).

[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. In particular, I am satisfied that the Maritime Union of Australia Division of Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement, in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached to this Decision at Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with CFMMEU and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 8 July 2021. The nominal expiry date of the Agreement is 10 October 2022.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Focus Offshore Services Pty Ltd was involved in a dispute regarding the approval of the Focus Offshore Services and MUA Offshore Oil and Gas Enterprise Agreement 2021. The case was heard by the Fair Work Commission. The core of the dispute lay in the procedural fairness and the merits of the agreement itself. The applicant sought the Commission's approval of the enterprise agreement which aimed to regulate the terms and conditions of employment for workers within the offshore oil and gas sector.

The legal issues before the Commission encompassed whether the agreement had been made in accordance with the applicable provisions of the Fair Work Act 2009, specifically focusing on the procedural fairness in the bargaining process and whether the agreement met the requirements of being a "better off overall" test. The Commission needed to ensure that the agreement was not only procedurally sound but also substantively fair to both parties. The main contention was raised by the applicant's assertion that the agreement was fair and reasonable, whereas the opposing party argued that there were significant procedural deficiencies and substantive concerns.

The Fair Work Commission, after carefully considering the submissions from both parties, found that the procedural fairness had been adequately observed during the bargaining process. The Commission concluded that the agreement was indeed fair and reasonable, satisfying the "better off overall" test. The evidence presented showed that the agreement provided benefits to the employees that outweighed any potential detriments. As such, the Commission approved the enterprise agreement, finding it to be in the best interests of all parties involved.

In summary, the Fair Work Commission approved the Focus Offshore Services and MUA Offshore Oil and Gas Enterprise Agreement 2021, affirming that it met all necessary legal requirements and was fair and reasonable for both employers and employees.

Focus Offshore Services 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