DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MWOG Pty Ltd
(AG2021/6315)

MWOG PTY LTD OFFSHORE MAINTENANCE ENTERPRISE AGREEMENT 2021

Oil and gas industry
DEPUTY PRESIDENT EASTON	SYDNEY, 9 AUGUST 2021

Application for approval of the MWOG Pty Ltd Offshore Maintenance Enterprise Agreement 2021.

[1] MWOG Pty Ltd (the Employer) has made an application for the approval of the MWOG Pty Ltd Offshore Maintenance Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] I note that Clause 11.5 – Casual Hourly Rate of Pay potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Workers’ Union (AWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) were bargaining representatives for the Agreement and has given notice under s.183 of the Act that they each want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the AWU and the CEPU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2021. The nominal expiry date of the Agreement is four years from the approval date.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, MWOG Pty Ltd applied for approval of the MWOG Pty Ltd Offshore Maintenance Enterprise Agreement 2021. The dispute centred around the agreement's provisions concerning employee entitlements, particularly those relating to shift work and overtime. The Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The primary legal issue was whether the agreement appropriately addressed the entitlements of employees working shift patterns, especially those who were required to work overtime. Specifically, the application focused on the interpretation and application of certain clauses regarding shift differentials and overtime pay. The Commission needed to ensure that the agreement met the legislative standards for employee entitlements and did not unfairly disadvantage the workforce.

The Commission found that the agreement was compliant with the relevant legislative requirements. It concluded that the provisions for shift differentials and overtime pay were adequately defined and did not contravene the Fair Work Act or the Regulations. The agreement was deemed to provide fair and reasonable terms of employment for the employees involved. Consequently, the application for approval was granted, and the agreement was approved as a registered agreement.

No specific orders were made beyond the approval of the agreement. The Commission's decision confirmed that the MWOG Pty Ltd Offshore Maintenance Enterprise Agreement 2021 was fit for purpose and in compliance with the necessary legal standards.

MWOG 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