DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fugro TSM Pty Ltd
(AG2016/7150)

FUGRO TSM PTY LTD MARITIME OFFSHORE OIL AND GAS INDUSTRY DECK OFFICERS ENTERPRISE AGREEMENT 2016

Maritime industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 JANUARY 2017

Application for approval of the Fugro TSM Pty Ltd Maritime Offshore Oil and Gas Industry Deck Officers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fugro TSM Pty Ltd Maritime Offshore Oil and Gas Industry Deck Officers Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fugro TSM Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Maritime Officers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 5 January 2017 and, in accordance with s.54, will operate from 12 January 2017. The nominal expiry date of the Agreement is 5 January 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by Fugro TSM Pty Ltd for the approval of the Fugro TSM Pty Ltd Maritime Offshore Oil and Gas Industry Deck Officers Enterprise Agreement 2016. The application was heard in the Fair Work Commission, which is responsible for regulating and approving enterprise agreements under Australian labour law. The dispute arose from the negotiation and proposed terms of the agreement, which sought to establish conditions of employment for deck officers in the maritime offshore oil and gas industry.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in accordance with the relevant provisions of the Act, whether it met the "better off overall test", and if it adhered to the "good faith" requirement. The Commission also needed to assess if the agreement was free from any prohibited content, such as terms that would undermine the safety of workers or the broader workforce.

The Fair Work Commission found that the proposed agreement was generally in compliance with the Fair Work Act. The Commission confirmed that the agreement had been made in good faith and that it passed the "better off overall test". The Commission also determined that the agreement did not contain any prohibited content and was therefore fair and reasonable. The Commission approved the agreement, noting that it provided appropriate protections for workers and balanced the interests of both employers and employees.

The Fair Work Commission made an order approving the Fugro TSM Pty Ltd Maritime Offshore Oil and Gas Industry Deck Officers Enterprise Agreement 2016. The approved agreement will now serve as the basis for the employment conditions of deck officers in the maritime offshore oil and gas industry, as represented by Fugro TSM Pty Ltd.

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