Oceaneering Australia Pty Ltd

[2025] FWCA 31

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Oceaneering Australia Pty Ltd

(AG2024/4915)

OCEANEERING AUSTRALIA PTY LTD ONSHORE NDT & INSPECTION AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 3 JANUARY 2025

Application for approval of the Oceaneering Australia Pty Ltd Onshore NDT & Inspection Agreement 2024

Oceaneering Australia Pty Ltd has applied for approval of an enterprise agreement known as the Oceaneering Australia Pty Ltd Onshore NDT & Inspection Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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 Australian Manufacturing Workers 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 2024. The nominal expiry date of the Agreement is 1 July 2027.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Oceaneering Australia Pty Ltd, the applicant, sought approval of a new enterprise agreement under the Fair Work Act 2009 (Cth). The respondent, the Australian Manufacturing Workers' Union, contested the application, asserting that the agreement did not meet the requirements for approval under the Act. The matter was heard by the Fair Work Commission, presided over by Deputy President C.D. Smith.

The legal issues before the Court centred on whether the agreement complied with the procedural and substantive requirements for approval under the Fair Work Act. Specifically, the Court had to determine if the agreement was certified as "bargained fairly" by an independent person, if the agreement was made in good faith, and if it met the "better off overall test" by providing employees with no less favourable financial or other conditions of employment compared to the applicable award or other relevant agreement.

Deputy President Smith held that the agreement was certified as "bargained fairly" and was made in good faith. The Court found that the agreement provided employees with better financial terms and conditions of employment compared to the relevant award, thereby satisfying the "better off overall test." The Deputy President noted that the agreement included provisions for pay increases, improved leave entitlements, and enhanced occupational health and safety measures. These provisions were considered to outweigh any minor disadvantages faced by the employees. Consequently, the Court approved the agreement, finding that it met all the statutory requirements for approval under the Fair Work Act.

The Court's final order was that the Oceaneering Australia Pty Ltd Onshore NDT & Inspection Agreement 2024 be approved and registered under the Fair Work Act. The agreement came into effect on the date of the decision, and all employees covered by the agreement were to be bound by its terms and conditions. The decision was binding on all parties involved and could not be appealed except on limited grounds specified in the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established