DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fugro TSM Pty Ltd
(AG2016/6574)

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

Oil and gas industry
COMMISSIONER LEE	MELBOURNE, 21 NOVEMBER 2016

Application for approval of the Fugro TSM Pty Ltd Maritime Offshore Oil and Gas Industry Engineers 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 Engineers 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2016. The nominal expiry date of the Agreement is 20 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fugro TSM Pty Ltd applied to the Fair Work Commission for approval of the Fugro TSM Pty Ltd Maritime Offshore Oil and Gas Industry Engineers Enterprise Agreement 2016. The respondents to the application were the Australian Maritime Officers’ Union, the Seafarers’ Union of Australia, the Australian Workers’ Union, and the Maritime Union of Australia. The dispute centred on the appropriate scope of the enterprise agreement, specifically whether it should encompass all maritime offshore oil and gas industry engineers employed by Fugro TSM Pty Ltd or be limited to those working on vessels engaged in the maritime industry. The Fair Work Commission was tasked with determining the proper interpretation of the enterprise agreement and deciding whether it should be extended to all relevant employees.

The central legal issue was whether the enterprise agreement was intended to cover all maritime offshore oil and gas industry engineers employed by Fugro TSM Pty Ltd, irrespective of whether they worked on vessels or on offshore facilities. The Commission examined the language of the agreement, relevant industry practices, and the parties' submissions to ascertain the true scope of the agreement. The Commission found that the agreement's wording and the context in which it was negotiated indicated that it was intended to cover all maritime offshore oil and gas industry engineers employed by Fugro TSM Pty Ltd, including those working on both vessels and offshore facilities. The Commission concluded that the agreement should be approved in its entirety, as it was fair and reasonable in all its terms.

The Fair Work Commission approved the Fugro TSM Pty Ltd Maritime Offshore Oil and Gas Industry Engineers Enterprise Agreement 2016, in its entirety, effective from 1 July 2016. The Commission found that the agreement was fair and reasonable in all its terms and that its approval would not have an adverse effect on employees who were not party to the agreement. The Commission's decision was based on a comprehensive analysis of the agreement's language, the context in which it was negotiated, and the submissions of the parties. The approval of the agreement ensures that all maritime offshore oil and gas industry engineers employed by Fugro TSM Pty Ltd are covered by a fair and reasonable enterprise 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