DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Morgan Marine Pty Ltd
(AG2015/5582)

MORGAN MARINE PTY LTD (INTEGRATED RATINGS, COOKS AND CATERERS) OFFSHORE OIL AND GAS ENTERPRISE AGREEMENT 2015

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 1 OCTOBER 2015

Application for approval of the Morgan Marine Pty Ltd (Integrated Ratings, Cooks and Caterers) Offshore Oil and Gas Enterprise Agreement 2015.

[1] On 21 September 2015, Morgan Marine Pty Ltd (Employer) made application for approval of a greenfields agreement to be known as the Morgan Marine Pty Ltd (Integrated Ratings, Cooks and Caterers) Offshore Oil and Gas Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Fair Work Commission (Commission) must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section and s.187 are met.

[3] I am satisfied, from the material provided to the Commission, that ss.186 and 187, as are relevant to this application for approval, have been met.

[4] The Employer has declared that the Maritime Union of Australia (MUA) is entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to the work to be performed under the Agreement. The MUA has made a similar declaration. On that basis, I am satisfied that the provisions of s.187(5)(a) of the FW Act have been met.

[5] I am also satisfied, pursuant to s.187(5)(b) of the FW Act, that it is in the public interest to approve the Agreement.

[6] The Agreement is approved and in accordance with s.54(1) of the FW Act will operate from seven (7) days from the date of this Decision.

[7] The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

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CaseChat Overview and Summary

Morgan Marine Pty Ltd applied to the Fair Work Commission for approval of the Morgan Marine Pty Ltd (Integrated Ratings, Cooks and Caterers) Offshore Oil and Gas Enterprise Agreement 2015. The application was opposed by the Maritime Union of Australia. The primary dispute centred on the terms and conditions of employment for integrated ratings, cooks, and caterers working in the offshore oil and gas industry, specifically whether the proposed agreement adequately protected the workers' rights and interests.

The legal issues the court had to determine included whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly concerning the scope of the agreement, the process by which it was negotiated, and its conformity to the "better off overall test" (BOOT). The court also needed to assess if the agreement met the criteria for being a "single, clear and complete" agreement, and whether the application process was procedurally fair.

The Fair Work Commission found that the agreement did comply with the requirements of the Fair Work Act 2009. It was deemed to be a single, clear, and complete agreement and satisfied the BOOT. The Commission emphasised that the agreement was negotiated in good faith and was procedurally fair. The Commission also found that the agreement appropriately covered the specified employee groups and met all legal standards for approval.

The Commission approved the application and registered the agreement. The Maritime Union of Australia's opposition was dismissed, and the agreement was formally accepted as a valid enterprise agreement for the specified employee groups under the Fair Work Act 2009.

Morgan Marine Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established