DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GO Offshore Pty Ltd
(AG2017/1082)

GO OFFSHORE PTY LTD MARITIME OFFSHORE OIL AND GAS ENGINEERING 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 Engineering 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 Engineering 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 Institute of Marine and Power Engineers, 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

In the Fair Work Commission, the applicant, GO Offshore Pty Ltd, sought approval of the GO Offshore Pty Ltd Maritime Offshore Oil and Gas Engineering Officers Enterprise Agreement 2017. The applicant's employees are currently covered by the Maritime Offshore Oil and Gas Industry Enterprise Agreement 2017. The dispute centred on whether the proposed agreement was a "better off overall test" compliant enterprise agreement, as required by section 232 of the Fair Work Act 2009.

The court was required to determine whether the proposed agreement provided employees with a total pay and conditions package that was at least as good as, or better than, the existing industry agreement. Specifically, the court needed to assess whether the proposed agreement provided employees with equivalent or improved wages, penalty rates, allowances, leave entitlements, and other conditions, while also considering the overall balance of benefits and detriments.

The court found that the proposed agreement was better off overall for the employees. The analysis included a comparison of the total remuneration package, taking into account wages, penalty rates, allowances, and leave entitlements. The court determined that the proposed agreement provided employees with at least equivalent, if not improved, conditions of employment. Consequently, the court approved the proposed agreement, recognising it as a fair and reasonable enterprise agreement that met the statutory requirements under the Fair Work Act 2009.

The Fair Work Commission approved the GO Offshore Pty Ltd Maritime Offshore Oil and Gas Engineering Officers Enterprise Agreement 2017, effective from the date of the decision. This approval ensures that the employees of GO Offshore Pty Ltd are now covered by this specific enterprise agreement, which has been found to be compliant with the better off overall test.

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