Focus Offshore Services Pty Ltd T/A Focus Offshore Services

[2024] FWCA 523

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Focus Offshore Services Pty Ltd T/A Focus Offshore Services

(AG2024/67)

FOCUS OFFSHORE SERVICES PTY LTD AND MUA OFFSHORE OIL AND GAS ENTERPRISE AGREEMENT 2024

Oil and gas industry
DEPUTY PRESIDENT EASTON	SYDNEY, 6 FEBRUARY 2024

Application for approval of the Focus Offshore Services Pty Ltd and MUA Offshore Oil and Gas Enterprise Agreement 2024.

Focus Offshore Services Pty Ltd T/A Focus Offshore Services (the Employer) has made an application for the approval of the Focus Offshore Services Pty Ltd and MUA Offshore Oil and Gas Enterprise Agreement 2024 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

I note that Clause 12.3 – Types of Employment (Casual Employment) and Clause 14 – Termination of Employment are potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Construction, Forestry and Maritime Employees Union (CFMEU) was a bargaining representative for the Agreement and 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 CFMEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2024. The nominal expiry date of the Agreement is 6 February 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Focus Offshore Services Pty Ltd, trading as Focus Offshore Services, recently brought an application before the Fair Work Commission to seek approval of the Focus Offshore Services Pty Ltd and MUA Offshore Oil and Gas Enterprise Agreement 2024. The application centred around the establishment of terms and conditions for employees within the offshore oil and gas sector, specifically those working for Focus Offshore Services and the Maritime Union of Australia (MUA).

The primary legal issues before the Commission involved whether the terms and conditions outlined in the enterprise agreement were fair and reasonable for both the employer and the employees. The Commission needed to determine if the agreement complied with the relevant provisions of the Fair Work Act 2009, ensuring it covered all necessary aspects of employment and did not unfairly disadvantage either party. The Commission also had to consider if the agreement provided adequate protections for employees, including provisions on wages, working conditions, dispute resolution, and other employment-related matters.

In assessing the application, the Commission examined the comprehensive nature of the enterprise agreement, including its provisions on wages, working hours, leave entitlements, and dispute resolution mechanisms. The Commission found that the agreement provided a fair and reasonable framework that balanced the interests of both Focus Offshore Services and its employees. The terms and conditions were deemed to be in line with the statutory requirements and did not unfairly disadvantage either party. The Commission was satisfied that the agreement adequately protected employees and met the necessary standards for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Focus Offshore Services Pty Ltd and MUA Offshore Oil and Gas Enterprise Agreement 2024. The approval marked the formal recognition of the terms and conditions that would govern the employment relationship between Focus Offshore Services and its employees, ensuring a fair and balanced approach for both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established