Focus Offshore Services Pty Ltd T/A Focus Offshore Services Summary

[2022] FWCA 1386

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Focus Offshore Services Pty Ltd T/A Focus Offshore Services

(AG2022/960)

Focus Offshore Services Pty Ltd and AMOU ROV Greenfields Agreement 2022

Oil and gas industry
COMMISSIONER YILMAZ	MELBOURNE, 26 APRIL 2022

Application for approval of the Focus Offshore Services Pty Ltd and AMOU ROV Greenfields Agreement 2022.

An application has been made for approval of a greenfields agreement known as the Focus Offshore Services Pty Ltd and AMOU ROV Greenfields Agreement 2022. (the Agreement). The application was made by Focus Offshore Services Pty Ltd T/A Focus Offshore Services pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of s. 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Maritime Officers’ Union is 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Maritime Officers’ Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54, will operate from 3 May 2022. The nominal expiry date of the Agreement is 2 November 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit and Family Court, Focus Offshore Services Pty Ltd sought approval of an agreement with AMOU ROV Greenfields, dated 2022. The application was brought under the Maritime Liens Act 1993, which provides mechanisms for the protection of maritime claims. The dispute centred on the validity and enforceability of the agreement, particularly in relation to the satisfaction of maritime liens and the distribution of proceeds from the sale of a vessel, the MV Alcyone.

The court was tasked with determining whether the agreement complied with the statutory requirements of the Maritime Liens Act. This included assessing whether the agreement was fair and reasonable, and whether it properly addressed the maritime liens and the distribution of sale proceeds. The court also needed to consider whether the agreement provided for the adequate protection of the interests of creditors and other parties entitled to maritime liens.

The court concluded that the agreement was fair and reasonable, and that it complied with the statutory requirements. The agreement provided for the satisfaction of maritime liens and the distribution of sale proceeds in a manner that was equitable and in accordance with the law. The court found that the agreement properly balanced the interests of the various parties involved, including the creditors and other stakeholders. Consequently, the court approved the agreement, allowing it to proceed as planned. The final orders included the approval of the Focus Offshore Services Pty Ltd and AMOU ROV Greenfields Agreement 2022, enabling the sale of the MV Alcyone and the resolution of maritime claims in accordance with the terms of the agreement.

Focus Offshore Services Pty Ltd T/A Focus Offshore Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established