Oceaneering Services Australia Pty Ltd

[2013] FWCA 47

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Oceaneering Services Australia Pty Ltd
(AG2012/13209)

OCEANEERING SERVICES AUSTRALIA PTY LTD PERTH BASIN ENTERPRISE AGREEMENT 2012

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 10 JANUARY 2013

Application for approval of the Oceaneering Services Australia Pty Ltd Perth Basin Enterprise Agreement 2012.

[1] On 27 December 2012, Oceaneering Services Australia Pty Ltd made application for approval of a single enterprise agreement to be known as the Oceaneering Services Australia Pty Ltd Perth Basin Enterprise Agreement 2012 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 24 December 2012.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 17 January 2013.

[6] The nominal expiry date of this Agreement is 31 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Oceaneering Services Australia Pty Ltd sought approval of the Oceaneering Services Australia Pty Ltd Perth Basin Enterprise Agreement 2012, which had been registered by the Fair Work Commission. The applicant claimed that the agreement was in the best interests of the employees and was fair and reasonable. The application was made under section 235 of the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union, which argued that the agreement did not meet the requirements of the Act and was not in the best interests of the employees.

The court had to decide whether the agreement was fair and reasonable, and in the best interests of the employees. The court considered the evidence and submissions of both parties and examined the terms and conditions of the agreement. The court found that the agreement was fair and reasonable and in the best interests of the employees. The court noted that the agreement provided for a range of benefits, including salary increases, improved working conditions, and greater job security. The court also found that the agreement had been negotiated in good faith and was not inconsistent with the principles of the Act.

The court approved the application and ordered that the Oceaneering Services Australia Pty Ltd Perth Basin Enterprise Agreement 2012 be registered under section 235 of the Fair Work Act 2009. The court noted that the agreement was an improvement on the previous agreement and that it provided for better outcomes for the employees. The court also noted that the agreement was supported by the majority of the employees and that the opposition to the agreement was limited to a small minority. The court found that the agreement was fair and reasonable and in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established