| [2025] FWC 2967 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s 739—Dispute resolution
Maung Than
v
OSM Australia Pty Ltd
(C2025/6419)
| DEPUTY PRESIDENT BEAUMONT | PERTH, 6 OCTOBER 2025 |
Application to deal with a dispute – jurisdictional objection – whether the dispute arises under the enterprise agreement – dispute over applicable workers’ compensation scheme – not an industrial dispute for the purpose of the Agreement – application made by former employee – application dismissed.
Issue and outcome
On 8 July 2025, Mr Maung Than (the Applicant) filed an application under s 739 of the Fair Work Act 2009 (Cth) (Act) for the Commission to deal with a dispute in accordance with a dispute settlement procedure in the OSM Australia Pty Ltd Maritime Offshore Oil and Gas Industry Masters and Deck Officers Enterprise Agreement 2024 (the Agreement).[1]
The application identified that the dispute centred on clause 31 of the Agreement. That clause, amongst other matters, addressed insurances, in particular workers’ compensation insurance. It is the issue of workers’ compensation insurance that appears to be a matter of controversy between the parties – the Applicant having taken issue about the relevant workers’ compensation scheme for dealing with his potential workers’ compensation claim. Clause 31 relevantly sets out:
31.1 Navigation Act and SRC Act
(a) Nothing in this Agreement shall be construed as limiting the rights of any Employee under the Navigation Act.
(b) The provisions of Chapter 2 of the Navigation Act, and Marine Orders apply to Employees engaged under this Agreement.
(c) The provisions of the SRC Act apply to Employees engaged under this Agreement.
(d) If for any reason the SRC Act does not apply to the Employee’s employment, clause 31.1(c) above will not apply and the Employer agrees to the following in lieu:
i.State Workers’ Compensation – The Employer undertakes that the State and Territory Workers Compensation will cover all Australian Employees where the Employer has operations and where Employees are required to work…
As to why the issue of workers’ compensation has arisen, this can be traced back to an alleged incident on 22 May 2025. The Applicant, who had been employed as a casual Deck Officer, states that whilst on duty on the vessel Geo Coral, the Captain, purportedly of Norwegian nationality, came up to the bridge and showed the Applicant an ‘AMSA Form 18’. The Applicant appeared to explain that he had sent the form to AMSA for non-compliance with Marine Orders and Defect of the Vessel.[2] It was at this time, according to the Applicant, that the Captain physically assaulted him whilst on the bridge.[3]
Warren Harrower (Harrower), Employee Relations Manager of OSM Australia Pty Ltd (the Respondent), gave evidence on the Respondent’s behalf. Harrower noted that he had been employed in his role since July 2023.
Harrower stated that on 24 May 2024, he attended the Port of Darwin to provide support to the Applicant at the time of his departure from the Geo Coral.[4] Harrower explained…
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- Case
- [2025] FWC 2967
- Decision Date
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