DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GO Offshore Pty Ltd
(AG2017/1081)

GO OFFSHORE PTY LTD MARITIME OFFSHORE OIL AND GAS DECK OFFICERS ENTERPRISE AGREEMENT 2017

Maritime industry
DEPUTY PRESIDENT BINET	PERTH, 1 MAY 2017

Application for approval of the GO Offshore Pty Ltd Maritime Offshore Oil and Gas Deck Officers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the GO Offshore Pty Ltd Maritime Offshore Oil and Gas Deck Officers Enterprise Agreement 2017 (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.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Maritime Officers’ 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.

[5] The Agreement was approved on 1 May 2017 and, in accordance with s.54, will operate from 8 May 2017. The nominal expiry date of the Agreement is 1 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves GO Offshore Pty Ltd, which applied for approval of the GO Offshore Pty Ltd Maritime Offshore Oil and Gas Deck Officers Enterprise Agreement 2017. The Fair Work Commission was the forum for this application, where the dispute centred around the procedural fairness and compliance of the agreement with the relevant legislative framework.

The central legal issues addressed were whether the application process for the agreement was conducted fairly and whether the agreement itself complied with the Fair Work Act 2009. The court had to scrutinise the process by which the agreement was proposed, negotiated, and submitted, including the participation and representation of the employees involved. Additionally, the court examined the substantive provisions of the agreement to ensure they met the criteria set out in the Fair Work Act.

The Fair Work Commission found that the application process was conducted with procedural fairness, ensuring that all parties had an opportunity to be heard and to present their views. The court determined that the agreement complied with the statutory requirements and met the standards for approval under the Fair Work Act. It was concluded that the agreement was in the best interests of the employees and the employer, considering the terms and conditions it established.

The final order was that the GO Offshore Pty Ltd Maritime Offshore Oil and Gas Deck Officers Enterprise Agreement 2017 was approved, with the decision taking effect from the date of the commission's determination.

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