Oceaneering Australia Pty Ltd T/A Oceaneering Australia

[2022] FWCA 4099

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Oceaneering Australia Pty Ltd T/A Oceaneering Australia

(AG2022/4551)

Oceaneering Australia Pty Ltd ROV Enterprise Agreement 2019 (Enterprise Agreement)

Oil and gas industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 NOVEMBER 2022

Application for approval of the Oceaneering Australia Pty Ltd ROV Enterprise Agreement 2019 (Enterprise Agreement)

An application has been made for approval of an enterprise agreement known as the Oceaneering Australia Pty Ltd ROV Enterprise Agreement 2019 (Enterprise Agreement) (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 Australia. The Agreement 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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Worker’s Union (AWU) 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 29 November 2022. The nominal expiry date of the Agreement is 29 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Oceaneering Australia Pty Ltd, trading as Oceaneering Australia, applied to the Fair Work Commission (FWC) for approval of the Oceaneering Australia Pty Ltd ROV Enterprise Agreement 2019 (Enterprise Agreement). The dispute arose from the company’s request to approve the Enterprise Agreement, which included various terms and conditions intended to govern the employment of employees within the organisation. The application was heard by Deputy President Jones of the FWC.

The primary legal issue the court needed to address was whether the Enterprise Agreement met the criteria for approval under section 230 of the Fair Work Act 2009. This involved examining if the agreement was "in writing", "made between an employer and employees", and "provides for a procedure for the resolution of disputes between the parties" as well as ensuring it complied with the "good faith" requirement. The court also needed to determine if the agreement was made without coercion and if it covered the appropriate bargaining unit as defined by the Act.

Deputy President Jones concluded that the Enterprise Agreement was appropriately drafted and met all the necessary statutory requirements. The agreement was found to be in writing and to cover the appropriate bargaining unit. It was also evident that the agreement had been made without any form of coercion, and it provided a procedure for the resolution of disputes, thereby satisfying the legal criteria for approval. Furthermore, the Deputy President found that the agreement was made in good faith. Consequently, the court approved the Enterprise Agreement under section 232 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established