MMA Offshore Vessel Operations Pty Ltd

[2017] FWCA 2878

[2017] FWCA 2878

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MMA Offshore Vessel Operations Pty Ltd
(AG2017/1698)

MMA OFFSHORE VESSEL OPERATIONS ENTERPRISE AGREEMENT 2017

Oil and gas industry
DEPUTY PRESIDENT BINET	PERTH, 26 MAY 2017

Application for approval of the MMA Offshore Vessel Operations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the MMA Offshore Vessel Operations Enterprise Agreement 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by MMA Offshore Vessel Operations Pty Ltd (MMA). The Agreement is a single enterprise agreement.

[2] The parties have been endeavouring to conclude an agreement since 2012 using traditional positional negotiating techniques without success. The negotiations in the sector have been acrimonious and have involved a significant amount of litigation.

[3] In October 2016, the Maritime Union of Australia (MUA) and MMA decided to take a different approach and made a joint application to the Fair Work Commission (FWC) seeking its assistance to conclude an agreement using the powers under s.576(2)(aa) of the FW Act. Pursuant to this power, Deputy President Booth and I provided training to the parties on interest based bargaining techniques.

[4] From 5 December 2017, I facilitated a series of bargaining meetings. Despite the previous protracted positional negotiations, the parties worked collaboratively utilising interest based bargaining techniques to reach a resolution. By 4 May 2017, an agreement had been concluded ready for ballot. I am hopeful that the spirit in which this agreement was reached acts to reset the industrial relationship between the parties and, consistent with the goal of the New Approaches initiative, leads to a reduction in the need for matters to be referred to the FWC.

[5] 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.

[6] 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.

[7] The Maritime Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[8] The Agreement was approved on 26 May 2017 and, in accordance with s.54, will operate from 2 June 2017. The nominal expiry date of the Agreement is 1 May 2021.

DEPUTY PRESIDENT

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Annexure A