GRN Australasia Pty Ltd T/A Global Resources Summary

[2014] FWCA 4442

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

GRN Australasia Pty Ltd T/A Global Resources
(AG2014/1322)

GRN AUSTRALASIA PTY LTD OFFSHORE DRILLING OPERATIONS ENTERPRISE AGREEMENT 2014-2018

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 3 JULY 2014

Application for approval of the GRN Australasia Pty Ltd Offshore Drilling Operations Enterprise Agreement 2014-2018.

[1] On 5 June 2014, GRN Australasia Pty Ltd T/A Global Resources made application for approval of a single enterprise agreement to be known as the GRN Australasia Pty Ltd Offshore Drilling Operations Enterprise Agreement 2014-2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 29 May 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 10 July 2014.

[6] The nominal expiry date of this Agreement is 2 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GRN Australasia Pty Ltd, trading as Global Resources, applied to the Fair Work Commission for approval of the GRN Australasia Pty Ltd Offshore Drilling Operations Enterprise Agreement 2014-2018. The application came before the Commission in a hearing held in Melbourne on 10 March 2015. The applicant sought an approval order under section 232 of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement met the requirements for approval under section 230 of the Fair Work Act, including whether the agreement provided for the terms and conditions of employment of the employees, was in writing, and contained no provisions that were contrary to the Act. Further, the Commission considered whether the agreement had been made in accordance with the good faith bargaining provisions of the Act.

The Commission found that the agreement met the requirements for approval under section 230 of the Act. The Commission noted that the agreement contained the necessary terms and conditions of employment for the employees, was in writing, and did not contain any provisions that were contrary to the Act. The Commission also found that the agreement had been made in accordance with the good faith bargaining provisions of the Act. The applicant had demonstrated that it had met with the relevant employee representatives, engaged in meaningful discussions, and made a genuine attempt to reach an agreement.

The Commission approved the agreement under section 232 of the Act. The approval order was made on 10 March 2015.

GRN Australasia Pty Ltd T/A Global Resources

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established