GO Offshore Pty Ltd Summary

[2024] FWCA 3443

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GO Offshore Pty Ltd

(AG2024/3334)

GO OFFSHORE PTY LTD DECK OFFICERS OIL AND GAS INDUSTRY ENTERPRISE AGREEMENT 2024

Oil and gas industry
COMMISSIONER JOHNS	MELBOURNE, 2 OCTOBER 2024

Application for approval of the GO Offshore Pty Ltd Deck Officers Offshore Oil and Gas Industry Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the GO Offshore Pty Ltd Deck Officers Offshore Oil and Gas Industry Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GO Offshore Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2024. The nominal expiry date of the Agreement is 8 January 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of GO Offshore Pty Ltd involved the company seeking approval for the Deck Officers Offshore Oil and Gas Industry Enterprise Agreement 2024. The applicant was GO Offshore Pty Ltd, while the respondents included various employee unions representing deck officers. This dispute came before the Fair Work Commission (FWC), Australia's independent statutory authority responsible for resolving workplace disputes. The primary legal issue at hand was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly in terms of the agreement's compliance with procedural fairness and substantive fairness criteria.

The Fair Work Commission examined whether the agreement was made in good faith, whether the necessary procedural steps were followed, and if the agreement contained terms that were fair and reasonable. The Commission also considered the views of the employee unions, the potential impact on the workforce, and whether the agreement aligned with broader economic and social objectives. The analysis of the agreement's terms and the process by which it was negotiated and finalised were central to the decision. The Commission's decision was based on whether the agreement was in the interests of the employees and the broader industry, ensuring a balance between the rights of employers and employees.

Upon reviewing the evidence and submissions from both parties, the Fair Work Commission concluded that the Deck Officers Offshore Oil and Gas Industry Enterprise Agreement 2024 was fair and reasonable. The Commission found that the agreement was made in good faith, followed the necessary procedural steps, and contained terms that were fair and reasonable for the employees. The Commission also noted that the agreement would provide stability and predictability in the workplace, which was in the interests of both the employees and the employer. Therefore, the Commission approved the agreement, allowing it to come into effect from the specified date. This decision ensures that the terms of the agreement will be binding on the parties and will govern the employment conditions of deck officers in the offshore oil and gas industry.

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