GO OFFSHORE Pty Ltd

[2024] FWCA 4004

[2024] FWCA 4004

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.222—Enterprise agreement

GO OFFSHORE Pty Ltd

(AG2024/4427)

GO OFFSHORE PTY LTD MARITIME OFFSHORE OIL AND GAS EMPLOYEE ENTERPRISE AGREEMENT 2021

Oil and gas industry
COMMISSIONER SCHNEIDER	PERTH, 15 NOVEMBER 2024

Application for termination of the GO Offshore Pty Ltd Maritime Offshore Oil and Gas Employee Enterprise Agreement 2021

1. On 8 November 2024, GO OFFSHORE Pty Ltd (the Applicant) made an application pursuant to section 222 of the Fair Work Act 2009 (Cth) (the Act) to terminate the GO Offshore Pty Ltd Maritime Offshore Oil and Gas Employee Enterprise Agreement 2021 (the Agreement).

1. Section 223 of the Act sets out the conditions which, if established, require the Commission to terminate the Agreement pursuant to section 222 of the Act.

1. Section 223 provides as follows:

“223      When the FWC must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:

(a)       the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and

(b)       the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and

(c)       the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d)       the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement.”

1. The application was supported by a Form 24A statutory declaration made by Ms Megan Perkins (Ms Perkins), Crewing Manager of the Applicant.

1. Ms Perkins declared that:

·   There are 282 employees covered by the Agreement which expires 14 September 2025.

·   The employees were contacted ahead of consultation regarding the proposed termination of the Agreement.

·   She conducted consultation meetings with employees regarding the proposed termination of the Agreement and answered any questions that arose.

·   The employees were provided information explaining the effect of terminating the Agreement and the changes that would subsequently occur. The employees were provided with documentation outlining the differences between the Agreement and relevant instruments that would replace it upon termination. The employees were informed of the option of voting to terminate the Agreement.

·   The employees were provided with an email containing information about the time and method of voting. The vote occurred on 4 November 2024 and closed on 6 November 2024. Out of 230 employees who cast a valid vote, 228 voted to approve the termination.

1. Alongside the application and declaration, the Applicant provided a copy of:

·   the email sent to employees notifying them of the Applicant’s intention to consult regarding the termination of the Agreement; and

·   the email sent to employees following initial consultation which includes various resources providing further information about the termination for their consideration as well as information regarding the vote to terminate; and

·   the comparison sheets issued to employees explaining the changes between the Agreement proposed to be terminated and the replacement agreements which would subsequently cover them; and

·   the notification of the date on which the vote would take place alongside an information sheet on how to vote.

1. For the purpose of section 223(d) of the Act, I note that there are three employee organisations covered by the Agreement whose views are required to be taken into account. The Australian Maritime Officers’ Union, the Maritime Union of Australia, and the Australian Institute of Marine and Power Engineers were afforded opportunity to provide their views on the application. No views opposing the termination were raised.

1. In consideration of the Agreement before me, including the statutory declaration, I am satisfied that the requirements of section 223 of the Act have been met. In accordance with section 223, I must terminate the Agreement. The application to terminate the Agreement is approved accordingly.

1. The Applicant has not nominated a preferred date for the termination of the Agreement. Having regard to section 227 of the Act, the termination will operate from the day of this decision, being 15 November 2024.

COMMISSIONER

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