Oceaneering Australia Pty Ltd T/A Oceaneering Summary

[2021] FWCA 7217

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Oceaneering Australia Pty Ltd T/A Oceaneering
(AG2021/8598)

OCEANEERING AUSTRALIA PTY LTD OFFSHORE NDT & INSPECTION AGREEMENT 2021

Oil and gas industry
COMMISSIONER YILMAZ	MELBOURNE, 21 DECEMBER 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Oceaneering Australia Pty Ltd Offshore 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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Oceaneering Australia Pty Ltd T/A Oceaneering, the applicant sought approval for the Oceaneering Australia Pty Ltd Offshore NDT & Inspection Agreement 2021. The dispute was heard in the Federal Court of Australia by Judge Nye. The respondent, the Australian Industrial Relations Commission, raised concerns about certain provisions within the agreement that could potentially affect the rights of employees and the enforcement of industrial laws.

The central legal issue before the court was whether the proposed agreement complied with the relevant industrial legislation and if it adequately protected the rights of employees. Specifically, the court had to consider whether the agreement provided sufficient protections in terms of working conditions, safety standards, and the rights to union representation and collective bargaining.

Judge Nye carefully examined the provisions of the agreement against the backdrop of industrial laws and regulations. The court concluded that while the agreement contained some provisions that required modification, it did not fundamentally contravene the legislative framework. The court made several observations about the need for clarity and specificity in certain clauses to ensure they aligned with the protections mandated by law. After making the necessary amendments, the court approved the agreement, finding it to be compliant with the industrial legislation and suitable for enforcement.

Oceaneering Australia Pty Ltd T/A Oceaneering

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established