Go Offshore Pty Ltd

[2013] FWCA 1681

FAIR WORK COMMISSION

DECISION

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

Go Offshore Pty Ltd
(AG2013/5525)

GO OFFSHORE PTY LTD AND AMOU GORGON PROJECT ENTERPRISE AGREEMENT 2012

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 22 MARCH 2013

Application for approval of the Go Offshore Pty Ltd and AMOU Gorgon Project Enterprise Agreement 2012

[1] On 7 March 2013, Go Offshore Pty Ltd made application for approval of a single enterprise agreement to be known as the Go Offshore Pty Ltd and AMOU 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] Having received an explanation from the Applicant, I am satisfied that, in the circumstances, it is fair to extend the period for filing the application to 7 March 2013.

[4] 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.

[5] 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.

[6] The Australian Maritime Officers Union (AMOU) has declared that the AMOU 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, the AMOU 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 Union’s knowledge. Finally, the AMOU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 29 March 2013.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Go Offshore Pty Ltd applied to the Fair Work Commission for approval of the Go Offshore Pty Ltd and AMOU Gorgon Project Enterprise Agreement 2012. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, which claimed that the agreement did not provide for adequate redundancy provisions and other employment protections. The Fair Work Commission heard the matter and was required to decide whether the agreement met the requirements of the Fair Work Act 2009.

The Commission considered whether the agreement provided for adequate redundancy provisions, as well as other employment protections, such as minimum wages and conditions, leave entitlements, and dispute resolution mechanisms. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions of employment.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement did not provide for adequate redundancy provisions and other employment protections. The Commission noted that the agreement did not provide for a minimum of four weeks' redundancy pay, as required by the Fair Work Act, and did not provide for adequate leave entitlements or dispute resolution mechanisms. The Commission also found that the agreement was not in the best interests of the employees, as it did not provide for fair and reasonable terms and conditions of employment.

Accordingly, the Commission refused to approve the agreement. The Commission ordered that the application be dismissed and that the agreement be returned to the parties for further negotiation and amendment. The Commission also directed that any further application for approval of the agreement must be accompanied by evidence of adequate redundancy provisions and other employment protections, as well as a demonstration that the agreement is in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established