Oceanic Offshore Pty Ltd

[2023] FWCA 1119

[2023] FWCA 1119

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Oceanic Offshore Pty Ltd

(AG2023/940)

OCEANIC OFFSHORE & MUA WA INSHORE DIVING ENTERPRISE AGREEMENT 2023

Diving services
DEPUTY PRESIDENT DOBSON	BRISBANE, 19 APRIL 2023

Application for approval of the Oceanic Offshore & MUA WA Inshore Diving Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Oceanic Offshore & MUA WA Inshore Diving Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Oceanic Offshore Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different title clause to that on the final Agreement that was made, however, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

1. The Applicant has provided written undertakings. 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.

1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

1. Pursuant to s.190(3) of the Act, I accept the undertakings.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 26(h)(ii)– Ordinary hours of work.

However, noting the undertaking given and clause 6(b) 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.

1. The Maritime Union of Australia (A Division of the CFMMEU) (MUA) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the MUA.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 18 April 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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