DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MMA Offshore Vessel Operations Pty Ltd T/A MMA Offshore Vessel Operations
(AG2017/926)

MMA OFFSHORE VESSEL OPERATIONS DECK OFFICERS ENTERPRISE AGREEMENT 2017

Oil and gas industry
COMMISSIONER LEE	MELBOURNE, 21 APRIL 2017

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

[1] An application has been made for approval of an enterprise agreement known as the MMA Offshore Vessel Operations Deck Officers 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 MMA Offshore Vessel Operations Pty Ltd T/A MMA Offshore Vessel Operations. 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 Australian Maritime Officers’ Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2017. The nominal expiry date of the Agreement is 20 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

MMA Offshore Vessel Operations Pty Ltd T/A MMA Offshore Vessel Operations applied to the Fair Work Commission for approval of the MMA Offshore Vessel Operations Deck Officers Enterprise Agreement 2017. The Fair Work Commission is Australia's national workplace relations tribunal. The application was opposed by the Australian Maritime Officers' Union. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009.

The Commission was required to consider whether the agreement contained all the prescribed minimum terms and conditions, and whether it had been negotiated in good faith. The parties disagreed on whether the agreement complied with the prescribed minimum terms for minimum rates of pay and leave provisions. The Commission noted that the agreement provided for rates of pay and leave entitlements that were at least equivalent to the relevant modern award provisions. The Commission also considered whether the agreement had been negotiated in good faith. The applicant provided evidence of a series of meetings and negotiations between the parties, and the union did not provide any evidence to the contrary.

The Commission found that the agreement contained all the prescribed minimum terms and conditions and had been negotiated in good faith. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for deck officers employed by MMA Offshore Vessel Operations. The Commission made orders approving the agreement, which is now registered with the Fair Work Commission.

The Commission made no orders for costs. The Commission found that the application was made in good faith and that the union's opposition was not frivolous or vexatious. The Commission considered that it was appropriate to make no orders for costs in the circumstances of the case.

MMA Offshore Vessel Operations Pty Ltd T/A MMA Offshore Vessel Operations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established