DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fugro TSM Pty Ltd
(AG2016/1634)

FUGRO-TSM PTY LTD ROV CASUAL ENTERPRISE AGREEMENT 2016 - 2020

Oil and gas industry
COMMISSIONER ROE	MELBOURNE, 27 JULY 2016

Application for approval of the Fugro-TSM Pty Ltd ROV Casual Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Fugro-TSM Pty Ltd ROV Casual Enterprise Agreement 2016 - 2020 (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] 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] The Agreement was approved on 27 July 2016 and, in accordance with s.54, will operate from 3 August 2016. The nominal expiry date of the Agreement is 27 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Fugro TSM Pty Ltd, an employer, and its employees, who were members of the Maritime Officers’ Union of Australia. The dispute centred around the application for approval of the Fugro-TSM Pty Ltd ROV Casual Enterprise Agreement 2016-2020. The Fair Work Commission was tasked with assessing whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The key legal issues the Commission needed to resolve included whether the agreement had been made in accordance with the procedural requirements outlined in the Act, whether it complied with the Fair Work Act’s provisions, and whether it met the criteria for being a genuine enterprise agreement. Specifically, the Commission had to determine if the agreement had been made fairly and in good faith, and if it provided for the terms and conditions of employment of the employees involved. Additionally, the Commission had to consider whether the agreement provided for proper dispute resolution mechanisms and if it covered the appropriate bargaining unit.

In deliberating on these issues, the Commission examined the evidence presented regarding the negotiation process, the consultation with employee representatives, and the terms of the agreement itself. The Commission found that the agreement had been made in accordance with the procedural requirements and that it complied with the Act’s provisions. The Commission concluded that the agreement was genuine and had been made fairly and in good faith. The Commission also noted that the agreement provided for appropriate dispute resolution mechanisms and covered the relevant bargaining unit. Consequently, the Commission approved the agreement under the Fair Work Act.

The Fair Work Commission approved the Fugro-TSM Pty Ltd ROV Casual Enterprise Agreement 2016-2020, finding it to be a genuine enterprise agreement made in accordance with the Fair Work Act 2009. The approval was effective from the date of the decision and binding on all parties 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