DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Icon Offshore Pty Ltd T/A Icon Offshore
(AG2015/2793)

ICON OFFSHORE PTY LTD ENTERPRISE AGREEMENT 2015

Maritime industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 JULY 2015

Application for approval of the Icon Offshore Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Icon Offshore Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Icon Offshore Pty Ltd T/A Icon Offshore. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 21 July 2015 and, in accordance with s.54, will operate from 28 July 2015. The nominal expiry date of the Agreement is 21 July 2019

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Icon Offshore Pty Ltd, trading as Icon Offshore, applied to the Fair Work Commission for approval of its Enterprise Agreement 2015. The application arose under the Fair Work Act 2009, seeking to ensure that the agreement met the requirements for "direct" approval. The primary dispute centred around the fairness and compliance of the agreement with the statutory obligations set out in the Act. The Fair Work Commission was tasked with determining whether the agreement was fair and met the necessary criteria for approval.

The legal issues before the Commission involved assessing the procedural fairness of the agreement, including whether the agreement was genuinely negotiated and if it complied with the requirements of the Fair Work Act. The Commission had to consider whether there was adequate consultation and negotiation between the parties, and if the agreement covered the appropriate scope of employees. Additionally, the fairness of the terms and conditions set out in the agreement needed to be evaluated to ensure they met the statutory minimum standards.

The Fair Work Commission found that the agreement had been genuinely negotiated and met the procedural requirements of the Fair Work Act. The Commission was satisfied with the level of consultation and negotiation between the parties and confirmed that the agreement covered the appropriate scope of employees. In assessing the fairness of the terms and conditions, the Commission concluded that the agreement did not disadvantage employees and met the statutory minimum standards. Consequently, the Commission approved the agreement, recognising that it was fair and met the necessary criteria for direct approval.

The final orders of the Fair Work Commission were that the Icon Offshore Pty Ltd Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act 2009. This approval ensures that the terms and conditions of the agreement are legally binding and enforceable.

Icon Offshore Pty Ltd T/A Icon Offshore

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established