DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GO OFFSHORE Pty Ltd
(AG2019/131)

GO OFFSHORE DRILLING ENTERPRISE AGREEMENT 2018

Oil and gas industry
COMMISSIONER BISSETT	MELBOURNE, 27 FEBRUARY 2019

Application for approval of the GO OFFSHORE Drilling Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the GO OFFSHORE Drilling Enterprise Agreement 2018 (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 greenfields agreement.

[2] 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.

[3] The Australian Workers’ Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2019. The nominal expiry date of the Agreement is 7 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GO OFFSHORE Pty Ltd applied to the Fair Work Commission (FWC) for approval of the GO OFFSHORE Drilling Enterprise Agreement 2018. The application involved the FWC's assessment of whether the agreement was suitable for registration under the Fair Work Act 2009, considering various factors including the process of its negotiation, the content of the agreement, and its compliance with relevant laws and principles.

The primary legal issues that the FFW was required to address involved verifying the procedural fairness of the negotiation process and the substantive fairness of the agreement's terms. This included examining whether there had been genuine bargaining between the parties, whether the agreement met the requirements of the Act, and if it was in the best interests of the employees. The FWC also considered whether the agreement adequately covered the relevant employees and the terms of the agreement were consistent with the national minimum standards of employment.

In its decision, the FWC found that the agreement had been genuinely negotiated and was therefore procedurally fair. The FWC also determined that the substantive terms of the agreement were fair and in the best interests of the employees. The FWC noted that the agreement contained provisions that were not less favourable than the relevant awards or the national employment standards, and that it appropriately addressed the needs and concerns of the employees. The FWC ultimately approved the agreement, finding that it met the requirements of the Fair Work Act.

The FWC's final orders were to approve the GO OFFSHORE Drilling Enterprise Agreement 2018, which included the specific terms and conditions of the agreement. The FWC noted that the agreement would now be registered and would have effect as a registered agreement under the Fair Work Act. The decision provides guidance to employers and employees on the requirements for negotiating and approving enterprise agreements under the Act.

GO OFFSHORE Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established