GO OFFSHORE Pty Ltd

[2024] FWCA 3590

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GO OFFSHORE Pty Ltd

(AG2024/3631)

GO OFFSHORE PTY LTD OFFSHORE VESSEL OPERATIONS AIMPE ENGINEER OFFICERS ENTERPRISE AGREEMENT 2024

Oil and gas industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 14 OCTOBER 2024

Application for approval of the GO OFFSHORE Pty Ltd Offshore Vessel Operations AIMPE Engineer Officers Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the GO OFFSHORE Pty Ltd Offshore Vessel Operations AIMPE Engineer Officers Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 21 October 2024. The nominal expiry date of the Agreement is 14 December 2027.

The Australian Institute of Marine & Power Engineers (AIMPE), being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the AIMPE.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute arose between GO OFFSHORE Pty Ltd and the Australian Maritime Officers' Union, which led to an application for the approval of the GO OFFSHORE Pty Ltd Offshore Vessel Operations AIMPE Engineer Officers Enterprise Agreement 2024. The matter was heard in the Fair Work Commission. The central issue was whether the proposed agreement met the requirements under the Fair Work Act 2009, specifically in terms of its compliance with the procedural fairness, the best interests of the employees, and the industrial circumstances.

The Fair Work Commission analysed the application, focusing on whether the agreement had been made in good faith and whether it satisfied the requirements of procedural fairness. The Commission also considered if the agreement was in the best interests of the employees and whether it appropriately reflected the industrial circumstances. The analysis included scrutinising the consultation process, the terms of the agreement, and any relevant submissions made by the parties. The Commission assessed if the agreement provided fair and reasonable terms for the employees, including their wages, working conditions, and dispute resolution mechanisms.

After careful consideration of the evidence and submissions, the Commission found that the agreement met the statutory requirements. The Commission was satisfied that the agreement had been made in good faith and adhered to procedural fairness. Furthermore, it was determined that the agreement was in the best interests of the employees and appropriately reflected the industrial circumstances. Consequently, the Fair Work Commission approved the GO OFFSHORE Pty Ltd Offshore Vessel Operations AIMPE Engineer Officers Enterprise Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established