DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fugro TSM Pty Ltd
(AG2017/227)

FURGO TSM PTY LTD INTEGRATED RATINGS, COOKS, CATERERS AND SEAFARERS (MARITIME OFFSHORE OIL AND GAS INDUSTRY) GREENFIELDS AGREEMENT 2017

Maritime industry
COMMISSIONER GREGORY	MELBOURNE, 14 FEBRUARY 2017

Application for approval of the Fugro TSM Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Greenfields Agreement 2017.

[1] An application has been made for approval of a greenfields agreement known as the Fugro TSM Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Greenfields Agreement 2017 (Agreement). The application was made by Fugro TSM Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 Maritime Union of Australia 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Maritime Union of Australia and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2017. The nominal expiry date of the Agreement is 31 October 2020

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fugro TSM Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The proposed agreement related to maritime offshore oil and gas industry workers, specifically cooks, caterers, and seafarers. The dispute involved whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement contained all the prescribed terms and conditions, was free from prohibited content, and complied with the good faith bargaining requirement. The Commission also considered whether the agreement met the "better off overall test" under the Fair Work Act.

The Commission determined that the proposed agreement complied with all the necessary legal requirements. The agreement contained all the prescribed terms and conditions, did not include prohibited content, and was reached through good faith bargaining. The Commission further found that the agreement met the better off overall test, as the overall benefits to the employees outweighed any detriments. The application for approval was therefore granted, and the agreement was registered.

The Fair Work Commission approved the Fugro TSM Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Greenfields Agreement 2017. The agreement was registered, and it now serves as the enterprise agreement between the employer and the employees covered by the agreement.

Fugro TSM 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