DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Miclyn Express Offshore (Australia) Pty Ltd
(AG2015/562)

MICLYN EXPRESS OFFSHORE (AUSTRALIA) PTY LTD OFFSHORE DRILLING ENTERPRISE AGREEMENT 2015

Oil and gas industry
COMMISSIONER LEE	MELBOURNE, 27 MARCH 2015

Application for approval of the Miclyn Express Offshore (Australia) Pty Ltd Offshore Drilling Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Miclyn Express Offshore (Australia) Pty Ltd Offshore Drilling 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 Miclyn Express Offshore (Australia) Pty Ltd. 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.

[4] The Agreement was approved on 27 March 2015 and, in accordance with s.54, will operate from 3 April 2015. The nominal expiry date of the Agreement is 27 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Miclyn Express Offshore (Australia) Pty Ltd, an applicant, sought approval from the Fair Work Commission for the Offshore Drilling Enterprise Agreement 2015. The applicant's submission was in response to a referral from the Fair Work Ombudsman. The primary issue before the Commission was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically if it contained the minimum terms and conditions as outlined in the Act.

The Commission considered whether the agreement provided fair and reasonable terms, whether it was free from any unfair content, and if it complied with procedural fairness. The Commission examined the agreement's provisions, taking into account the unique nature of the offshore drilling industry and the specific circumstances of the employees involved. In assessing the fairness of the agreement, the Commission weighed the benefits and protections offered against any potential disadvantages, ensuring that the agreement was not detrimental to the employees.

After thorough consideration, the Commission concluded that the agreement met the required standards for approval. It found the agreement to be fair and reasonable, containing adequate provisions for minimum terms and conditions, and free from any unfair content. The Commission approved the agreement, recognising the specific challenges and demands of the offshore drilling industry. The decision was made in the interest of ensuring fair and reasonable terms for the employees while also accommodating the operational needs of the business.

Miclyn Express Offshore (Australia) Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established