GO Offshore Pty Ltd

[2017] FWCA 2353

[2017] FWCA 2353

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GO Offshore Pty Ltd
(AG2017/1408)

GO OFFSHORE PTY LTD MARITIME OFFSHORE OIL AND GAS RATINGS 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 Ratings 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 Ratings 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 (GO). The Agreement is a single enterprise agreement.

[2] The parties have been endeavouring to conclude an agreement since 2013 using traditional positional negotiating techniques without success. The negotiations in the sector have been acrimonious and have involved a significant amount of litigation.

[3] In January 2017, the Maritime Union of Australia (MUA) and GO decided to take a different approach and made a joint application to the Fair Work Commission (FWC) seeking its assistance to conclude an agreement using the powers under s.576(2)(aa) of the Act. Pursuant to this power, Deputy President Booth provided training to the parties on interest based bargaining techniques. Deputy President Bull then facilitated negotiations between the parties utilising these techniques.

[4] The matter was subsequently allocated to me, and from 28 February 2017 I facilitated a series of bargaining meetings. Despite the previous protracted positional negotiations the parties worked collaboratively and, utilising interest based bargaining techniques, quickly reached a resolution. By 3 April 2017 an agreement had been concluded ready for ballot. I am hopeful that the spirit in which this agreement was reached acts to reset the industrial relationship between the parties and, consistent with the goal of the New Approaches initiative, leads to a reduction in the need for matters to be referred to the FWC.

[5] GO 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.

[6] 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 GO, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[7] The MUA, 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.

[8] 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

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Annexure A