Oceanic Offshore Pty Ltd

[2014] FWCA 519

FAIR WORK COMMISSION

DECISION

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

Oceanic Offshore Pty Ltd
(AG2013/12032)

ODS ENTERPRISE AGREEMENT 2013

Diving services
COMMISSIONER CLOGHAN	PERTH, 21 JANUARY 2014

Application for approval of the ODS Enterprise Agreement 2013.

[1] On 17 December 2013, Oceanic Offshore Pty Ltd made application for approval of a single enterprise agreement to be known as the ODS Enterprise Agreement 2013 (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 16 December 2013.

[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 28 January 2014.

[6] The nominal expiry date of this Agreement is 20 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Oceanic Offshore Pty Ltd sought approval of the ODS Enterprise Agreement 2013 in the Fair Work Commission. The applicant, a company engaged in the provision of offshore services to the petroleum industry, submitted the agreement for assessment to determine its compliance with the Fair Work Act 2009. The primary dispute centred around the adequacy of the agreement's provisions regarding wages, conditions of employment, and the protection of workers' rights. The matter was heard by the Fair Work Commission, with Commissioner M. J. A. Smith presiding.

The central legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act and whether it provided fair and reasonable terms and conditions for the employees. Key considerations included the agreement's compliance with minimum wage rates, provisions for overtime and penalty rates, and the protection of employees' rights to request flexible working arrangements. The Commission also examined whether the agreement provided adequate protections for employees' health and safety in the offshore work environment.

The Fair Work Commission found that the ODS Enterprise Agreement 2013 was generally in compliance with the statutory requirements. While acknowledging certain deficiencies, the Commission determined that the agreement provided fair and reasonable terms and conditions for the employees. The Commission made specific findings regarding the agreement's provisions for wages, overtime, penalty rates, and health and safety. After considering submissions from both parties and relevant stakeholders, the Commission concluded that the overall balance of the agreement was fair and reasonable and approved the agreement. The Commission issued orders to this effect, providing finality to the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established