Go Offshore Pty Ltd Summary

[2013] FWCA 1424

FAIR WORK COMMISSION

DECISION

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

Go Offshore Pty Ltd
(AG2013/5305)

GO OFFSHORE PTY LTD AND MUA GORGON PROJECT ENTERPRISE AGREEMENT 2012

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 8 MARCH 2013

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

[1] On 1 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 MUA 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 Maritime Union of Australia (MUA) has declared that the MUA 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 MUAsupports 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 MUA 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 15 March 2013.

[7] 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 was the applicant in this case before the Fair Work Commission. The applicant sought approval for the Go Offshore Pty Ltd and MUA Gorgon Project Enterprise Agreement 2012. The nature of the dispute was primarily focused on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was required to determine if the agreement was in the interests of the employees it covered and whether it complied with the relevant provisions of the Act.

The central legal issue before the Commission was whether the proposed enterprise agreement was consistent with the objectives of the Fair Work Act, including provisions concerning the protection of employees' rights and the promotion of workplace relations. Additionally, the Commission needed to consider whether the agreement provided fair and reasonable terms and conditions for the employees involved. The Commission also needed to examine if the agreement had been negotiated in good faith, as required by the Act.

In evaluating the agreement, the Commission considered the submissions from both the applicant and the respondents, as well as the relevant legal framework. The Commission found that the agreement contained provisions that were in the best interests of the employees, as it provided for fair and reasonable terms and conditions. The Commission was satisfied that the agreement had been negotiated in good faith and complied with the statutory requirements of the Fair Work Act. As a result, the Commission approved the Go Offshore Pty Ltd and MUA Gorgon Project Enterprise Agreement 2012.

The Fair Work Commission approved the Go Offshore Pty Ltd and MUA Gorgon Project Enterprise Agreement 2012, finding it to be in the best interests of the employees and compliant with the Fair Work Act. The Commission's decision was based on its determination that the agreement provided fair and reasonable terms and conditions, and that it had been negotiated in good faith. The approval of the agreement meant that it would now be legally binding on the parties involved.

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