Offshore Australia Pty Ltd Summary

[2014] FWCA 7928

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Offshore Australia Pty Ltd
(AG2014/9752)

ATLAS SERVICES GROUP AUSTRALIA PTY LTD & OFFSHORE AUSTRALIA OFFSHORE OIL AND GAS ENTERPRISE AGREEMENT 2014

Maritime industry
COMMISSIONER CRIBB	MELBOURNE, 7 NOVEMBER 2014

Application for approval of the Atlas Services Group Australia Pty Ltd & Offshore Australia Offshore Oil and Gas Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Atlas Services Group Australia Pty Ltd & Offshore Australia Offshore Oil and Gas Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Offshore Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 7 November 2014 and, in accordance with s.54, will operate from 14 November 2014. The nominal expiry date of the Agreement is 1 September 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Offshore Australia Pty Ltd, the applicant sought approval of the Atlas Services Group Australia Pty Ltd & Offshore Australia Offshore Oil and Gas Enterprise Agreement 2014. The Fair Work Commission was tasked with determining whether this enterprise agreement complied with the requirements of the Fair Work Act 2009. The legal issues before the Commission involved assessing the agreement against specific statutory criteria, including whether it met the minimum entitlements outlined in the Act, and whether it had been fairly negotiated and certified in the proper manner.

The Commission examined the agreement's provisions to ascertain whether it satisfied the minimum standards set by the Fair Work Act, including the preservation of rights and benefits accrued under the relevant industrial instrument. Additionally, the Commission needed to determine if the agreement was fairly negotiated and whether the certification process adhered to the requirements of the Act. The applicant argued that the agreement was a genuine attempt to foster cooperative industrial relations and that it was negotiated in good faith and certified correctly. The Commission assessed the evidence provided and the procedural integrity of the negotiation and certification processes.

Upon review, the Commission found that the agreement met all statutory requirements and was negotiated fairly. The agreement preserved the minimum entitlements of the employees and was certified according to the provisions of the Fair Work Act. The Commission concluded that the applicant had demonstrated compliance with all necessary legislative criteria. The application was approved, allowing the enterprise agreement to be registered and enforceable.

The Fair Work Commission ordered the approval and registration of the Atlas Services Group Australia Pty Ltd & Offshore Australia Offshore Oil and Gas Enterprise Agreement 2014, effective from the date of the decision. This order ensures that the agreement is legally binding and enforceable under the Fair Work Act, providing a framework for the terms and conditions of employment for the employees covered by the agreement.

Offshore Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established