Fugro Australia Marine Pty Ltd

[2022] FWCA 2730

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fugro Australia Marine Pty Ltd

(AG2022/3163)

Fugro Australia Marine Pty Ltd ROV Casual Enterprise Agreement 2022

Oil and gas industry
COMMISSIONER SCHNEIDER	PERTH, 11 AUGUST 2022

Application for approval of the Fugro Australia Marine Pty Ltd ROV Casual Enterprise Agreement 2022

Fugro Australia Marine Pty Ltd has made an application for the approval of an enterprise agreement known as the Fugro Australia Marine Pty Ltd ROV Casual Enterprise Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Australian Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 18 August 2022. The nominal expiry date of the Agreement is 11 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Fugro Australia Marine Pty Ltd, sought approval of the Fugro Australia Marine Pty Ltd ROV Casual Enterprise Agreement 2022. The respondent, Maritime Union of Australia, opposed the approval. The dispute was heard by the Fair Work Commission. The central legal issue was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment for the casual employees, and whether it complied with the requirements for good faith bargaining.

The Fair Work Commission examined the agreement to assess if it met the statutory requirements for approval. The Commission considered the provisions of the agreement and the evidence presented by both parties. It focused on whether the agreement provided for fair and reasonable terms and conditions, including pay rates, leave entitlements, and other employment terms. The Commission also evaluated if there had been genuine efforts to bargain in good faith, as required by the legislation. Ultimately, the Commission concluded that the agreement met the necessary criteria and was fair and reasonable for the casual employees. The Commission approved the agreement, finding that it complied with the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the Fugro Australia Marine Pty Ltd ROV Casual Enterprise Agreement 2022. The Commission determined that the agreement provided fair and reasonable terms and conditions for the casual employees and that it complied with the statutory requirements for approval. The Commission found that there had been genuine efforts to bargain in good faith, as required by the Fair Work Act 2009. The respondent's objections were dismissed, and the agreement was approved. The final order of the Commission was that the agreement be approved and registered under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established