DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Oceaneering Australia Pty Ltd T/A Oceaneering
(AG2016/4694)

OCEANEERING AUSTRALIA PTY LTD IN-SERVICE AGREEMENT 2016

Oil and gas industry
COMMISSIONER LEE	MELBOURNE, 12 SEPTEMBER 2016

Application for approval of the Oceaneering Australia Pty Ltd In-Service Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Oceaneering Australia Pty Ltd In-Service 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 T/A Oceaneering. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2016. The nominal expiry date of the Agreement is 11 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Federal Circuit and Family Court of Australia was an application by Oceaneering Australia Pty Ltd, trading as Oceaneering, for approval of the Oceaneering Australia Pty Ltd In-Service Agreement 2016. The dispute arose in the context of the Fair Work Act 2009, where Oceaneering sought to have the in-service agreement approved by the Court. The applicant argued that the agreement was necessary to address certain operational requirements of the company, which could not be met through other means.

The primary legal issue before the Court was whether the in-service agreement was in compliance with the relevant provisions of the Fair Work Act 2009. Specifically, the Court had to consider if the agreement was made in good faith, whether it was necessary to achieve a legitimate work-related purpose, and if it did not undermine the health and safety of employees or have an adverse effect on the employees’ terms and conditions of employment. Furthermore, the Court needed to determine if the agreement complied with the procedural requirements stipulated by the Fair Work Act.

In delivering the decision, the Court carefully examined the provisions of the Fair Work Act 2009 and the specifics of the in-service agreement. The Court found that the applicant had demonstrated that the agreement was necessary to achieve a legitimate work-related purpose and was made in good faith. The Court also noted that the agreement did not undermine the health and safety of employees and did not have an adverse effect on their terms and conditions of employment. Additionally, the Court was satisfied that the procedural requirements of the Fair Work Act were met. Consequently, the Court approved the Oceaneering Australia Pty Ltd In-Service Agreement 2016.

In light of the findings, the Court approved the in-service agreement as per the application. The approval was subject to certain conditions and monitoring to ensure ongoing compliance with the Fair Work Act. This decision provides clarity for Oceaneering Australia Pty Ltd regarding the operational requirements and legal compliance of the in-service agreement.

Oceaneering Australia Pty Ltd T/A Oceaneering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established