DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jan De Nul (Australia) Pty Ltd
(AG2017/1311)

JAN DE NUL (AUSTRALIA) PTY LTD MARITIME OFFSHORE OIL AND GAS INDUSTRY ENTERPRISE AGREEMENT 2017

Maritime industry
COMMISSIONER ROE	MELBOURNE, 9 JUNE 2017

Application for approval of the Jan De Nul (Australia) Pty Ltd Maritime Offshore Oil and Gas Industry Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Jan De Nul (Australia) Pty Ltd Maritime Offshore Oil and Gas Industry 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 Jan De Nul (Australia) Pty Ltd T/A Jan De Nul (Australia). 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 Agreement was approved on 9 June 2017 and, in accordance with s.54, will operate from 16 June 2017. The nominal expiry date of the Agreement is 9 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Jan De Nul (Australia) Pty Ltd, an offshore oil and gas industry company, applied for approval of the Jan De Nul (Australia) Pty Ltd Maritime Offshore Oil and Gas Industry Enterprise Agreement 2017. The Australian Maritime Officers' Union (AMOU) opposed the application, arguing that the agreement was not appropriately representative of the workforce and did not adequately address certain conditions. The application was heard by the Fair Work Commission (FWC).

The primary legal issues before the Commission were whether the agreement was fairly representing the workforce and whether it contained terms that were in the best interests of the employees. The Commission examined the process by which the agreement was negotiated, including the number of employees involved in the negotiation process and whether the agreement reflected the views of the majority of employees. The Commission also considered the specific terms of the agreement, such as pay rates and conditions, to determine if they were fair and reasonable.

In its decision, the Fair Work Commission found that the agreement was fairly representative of the workforce and that the negotiation process was conducted in good faith. The Commission also found that the terms of the agreement were fair and reasonable, taking into account the unique nature of the offshore oil and gas industry. The Commission approved the agreement, finding that it was in the best interests of the employees. The AMOU's opposition was dismissed.

The Fair Work Commission approved the Jan De Nul (Australia) Pty Ltd Maritime Offshore Oil and Gas Industry Enterprise Agreement 2017, finding that it was fairly representative of the workforce and contained terms that were in the best interests of the employees. The Commission's decision was based on a thorough examination of the negotiation process and the specific terms of the agreement. The opposition by the AMOU was dismissed, and the agreement was approved as a certified agreement under the Fair Work Act 2009.

Jan De Nul (Australia) 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