MMA Offshore Vessel Operations Pty Ltd

[2024] FWCA 59

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MMA Offshore Vessel Operations Pty Ltd

(AG2023/5107)

MMA OFFSHORE VESSEL OPERATIONS DECK OFFICERS ENTERPRISE AGREEMENT 2023

Maritime industry
COMMISSIONER LEE	MELBOURNE, 8 JANUARY 2024

Application for approval of the MMA Offshore Vessel Operations Deck Officers Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the MMA Offshore Vessel Operations Deck Officers Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MMA Offshore Vessel Operations Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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.

The Australian Maritime Officers' Union and the Australian Workers' Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2024. The nominal expiry date of the Agreement is 8 January 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MMA Offshore Vessel Operations Pty Ltd applied for approval of the MMA Offshore Vessel Operations Deck Officers Enterprise Agreement 2023. The application was made under section 199 of the Fair Work Act 2009, which allows the Fair Work Commission to approve enterprise agreements even if they do not comply with the safety net provisions of the Act. The application was opposed by the Maritime Officers' Union, which argued that the agreement did not provide adequate protections for its members. The dispute was heard in the Fair Work Commission.

The central legal issue was whether the agreement provided adequate protections for the employees covered by it, despite not meeting the safety net provisions. The Commission had to consider the overall fairness of the agreement and whether it provided appropriate protections for the employees. This involved examining the terms of the agreement and whether they were consistent with the objects of the Fair Work Act, including the protection of employees' rights and interests.

The Commission found that the agreement provided adequate protections for the employees, despite not meeting the safety net provisions. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including provisions for leave, overtime, and penalties. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms and did not undermine the rights of employees to be protected from unfair treatment. The Commission approved the agreement, noting that it was in the best interests of the employees and the employer.

The Fair Work Commission approved the MMA Offshore Vessel Operations Deck Officers Enterprise Agreement 2023, finding that it provided adequate protections for the employees and was in their best interests. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including provisions for leave, overtime, and penalties. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms and did not undermine the rights of employees to be protected from unfair treatment. The Commission's decision provides guidance to employers and employees on the types of provisions that may be included in an enterprise agreement, even if it does not meet the safety net provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established