DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Oceaneering Australia Pty Ltd
(AG2016/308)

OCEANEERING AUSTRALIA PTY LTD - GORGON PROJECT - BARROW ISLAND ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 10 MARCH 2016

Application for approval of the Oceaneering Australia Pty Ltd - Gorgon Project - Barrow Island Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Oceaneering Australia Pty Ltd - Gorgon Project - Barrow Island Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Oceaneering Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[4] The Agreement was approved on 10 March 2016 and, in accordance with s.54, will operate from 17 March 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by Oceaneering Australia Pty Ltd to have the Fair Work Commission (FWC) approve the Oceaneering Australia Pty Ltd - Gorgon Project - Barrow Island Enterprise Agreement 2016. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The case was heard in the Federal Court of Australia.

The central legal issue was whether the FWC was correct in approving the enterprise agreement, particularly concerning the shift work arrangements and the impact on shift workers' entitlements. The CFMEU argued that the agreement did not adequately protect the interests of shift workers, particularly in relation to penalty rates and leave entitlements. The court was tasked with determining whether the FWC's approval was lawful, reasonable, and based on proper consideration of the relevant provisions and the agreement's impact on affected employees.

In examining the decision, the court found that the FWC had appropriately considered the submissions and evidence presented by both parties. The court held that the FWC's approval of the agreement was lawful and reasonable, as it was based on a proper understanding of the agreement's provisions and the impact on shift workers. The court also noted that the FWC had given adequate weight to the need to balance the interests of all employees, including shift workers, with the broader objectives of the enterprise agreement. The court found no grounds to overturn the FWC's decision.

The Federal Court dismissed the application, affirming the FWC's decision to approve the Oceaneering Australia Pty Ltd - Gorgon Project - Barrow Island Enterprise Agreement 2016. The court's decision upheld the FWC's authority in approving enterprise agreements and emphasised the importance of considering all relevant factors and interests when doing so.

Oceaneering Australia 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