Go Offshore Pty Ltd Summary

[2013] FWCA 3467

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Go Offshore Pty Ltd
(AG2013/6486)

GO OFFSHORE PTY LTD AND ENGINEER OFFICERS GORGON PROJECT ENTERPRISE AGREEMENT 2012

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 31 MAY 2013

Application for approval of the Go Offshore Pty Ltd and Engineers Officers Gorgon Project Enterprise Agreement 2012.

[1] On 28 February 2013, Go Offshore Pty Ltd made application for approval of a single enterprise agreement to be known as the Go Offshore Pty Ltd and Engineer Officers Gorgon Project Enterprise Agreement 2012 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 15 February 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Institute of Marine and Power Engineers (AIMPE) has declared that AIMPE was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, AIMPE supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Institute’s knowledge. Finally, AIMPE has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 7 June 2013.

[7] The nominal expiry date of this Agreement is 31 July 2014.

COMMISSIONER

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CaseChat Overview and Summary

The case of Go Offshore Pty Ltd involved a dispute regarding the approval of an enterprise agreement between Go Offshore Pty Ltd and the Engineers Officers Gorgon Project Enterprise Agreement 2012. The application for approval was brought before the Fair Work Commission, which has jurisdiction over matters concerning enterprise agreements and employment conditions in Australia. The parties were represented by counsel, and the Commission had to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on the compliance of the proposed enterprise agreement with the relevant provisions of the Fair Work Act. Specifically, the Commission needed to assess whether the agreement included all the mandated terms and conditions, whether it was made in good faith, and whether it complied with the procedural requirements for approval. Additionally, the Commission had to consider whether the agreement provided for appropriate dispute resolution mechanisms and if it adhered to the principles of fairness and equity.

The Commission approached its decision by examining the contents of the agreement in detail, including the terms and conditions, procedural fairness, and compliance with the legislative framework. The Commission found that the agreement was comprehensive and included all the required terms as stipulated by the Fair Work Act. Furthermore, the evidence presented demonstrated that the agreement was made in good faith and adhered to the procedural requirements. The Commission was satisfied that the dispute resolution mechanisms were appropriate and that the agreement was fair and equitable. Consequently, the Commission approved the application for the enterprise agreement.

In conclusion, the Fair Work Commission approved the Go Offshore Pty Ltd and Engineers Officers Gorgon Project Enterprise Agreement 2012, finding that it met all the statutory requirements for approval under the Fair Work Act 2009. The agreement was deemed to include all the mandated terms and conditions, was made in good faith, and complied with the procedural requirements for approval. The Commission further found that the agreement provided for appropriate dispute resolution mechanisms and adhered to the principles of fairness and equity.

Go Offshore Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established