Oceaneering Australia Pty Ltd T/A Oceaneering

[2021] FWCA 7216

[2021] FWCA 7216

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Oceaneering Australia Pty Ltd T/A Oceaneering
(AG2021/8608)

OCEANEERING AUSTRALIA PTY LTD ONSHORE NDT & INSPECTION AGREEMENT 2021

Oil and gas industry
COMMISSIONER YILMAZ	MELBOURNE, 21 DECEMBER 2021

Application for approval of the Oceaneering Australia Pty Ltd Onshore NDT & Inspection Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Oceaneering Australia Pty Ltd Onshore NDT & Inspection Agreement 2021 (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 T/A Oceaneering. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clauses 12.3 and 26.4.1 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 28 December 2021. The nominal expiry date of the Agreement is 1 July 2024.

COMMISSIONER

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Annexure A