Oceanic Offshore Pty Ltd

[2014] FWCA 5510

FAIR WORK COMMISSION

DECISION

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

Oceanic Offshore Pty Ltd
(AG2014/8592)

OCEANIC OFFSHORE PTY LTD DIVING ENTERPRISE AGREEMENT 2014

Diving services
COMMISSIONER CLOGHAN	PERTH, 18 AUGUST 2014

Application for approval of the Oceanic Offshore Pty Ltd Diving Enterprise Agreement 2014.

[1] On 8 August 2014, Oceanic Offshore Pty Ltd made application for approval of a single enterprise agreement to be known as the Oceanic Offshore Pty Ltd Diving Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 1 August 2014.

[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 Maritime Union of Australia (MUA) has declared that the MUA was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the MUA supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the MUA has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 25 August 2014.

[7] The nominal expiry date of this Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Oceanic Offshore Pty Ltd, an applicant seeking approval for the Diving Enterprise Agreement 2014. The Fair Work Commission, the tribunal responsible for labour law matters, was tasked with determining whether the agreement should be approved. The Commission was called upon to examine whether the agreement complied with the requirements of the Fair Work Act 2009 and met the standards for a certified agreement.

The central legal issue was whether the agreement provided for the proper management of the enterprise, adhered to the standards set forth in the Fair Work Act 2009, and sufficiently covered the employees. The Commission needed to ensure that the agreement was fair and reasonable, considering the interests of both the employer and the employees. The Commission also had to verify that the agreement was not contrary to public policy or had any discriminatory provisions.

In rendering its decision, the Commission thoroughly reviewed the agreement's provisions and the submissions made by the parties. The Commission found that the agreement met the necessary standards for a certified agreement. It was fair, reasonable, and in line with the statutory requirements. The Commission concluded that the agreement was suitable for approval, as it provided for the appropriate management of the enterprise and protected the interests of the employees.

The Fair Work Commission approved the Diving Enterprise Agreement 2014. The agreement was deemed to be compliant with the Fair Work Act 2009 and met the standards for a certified agreement. The Commission's decision was based on its determination that the agreement was fair, reasonable, and in the best interests of both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established