Offshore Marine Services Pty Ltd

[2013] FWCA 893

FAIR WORK COMMISSION

DECISION

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

Offshore Marine Services Pty Ltd
(AG2013/164)

OFFSHORE MARINE SERVICES PTY LTD / AIMPE OPERATION OF VESSELS - GORGON ENTERPRISE AGREEMENT 2012

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 7 FEBRUARY 2013

Application for approval of the Offshore Marine Services Pty Ltd / AIMPE Operation of Vessels - Gorgon Enterprise Agreement 2013.

[1] On 24 January 2013, Offshore Marine Services Pty Ltd (OMS)made application for approval of a single enterprise agreement to be known as the Offshore Marine Services Pty Ltd / AIMPE Operation of Vessels - Gorgon Enterprise Agreement 2012 (“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 11 January 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] Pursuant to s. 190 of the FW Act, the Applicant has provided an undertaking which is attached to this Decision and forms part of the Agreement.

[5] 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.

[6] The Australian Institute of Marine and Power Engineers (AIMPE) has declared that the AIMPE 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 AIMPE 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 AIMPE has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 14 February 2013.

[8] The nominal expiry date of this Agreement is 31 July 2014.

COMMISSIONER

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CaseChat Overview and Summary

The Fair Work Commission heard an application by Offshore Marine Services Pty Ltd to approve the Gorgon Enterprise Agreement 2013. The dispute involved the terms and conditions of employment for workers engaged by the respondent under the agreement. The Commission's task was to determine whether the agreement met the requirements of the Fair Work Act 2009.

The key legal issues centred on whether the agreement provided for the fair and reasonable terms of employment, and whether it complied with the statutory minimum standards set out in the Fair Work Act. Specifically, the Commission examined whether the agreement was "independently negotiated" and "free from coercion, undue influence, and harassment." It also assessed whether the agreement included provisions that were fair and reasonable in terms of pay, conditions of employment, and other terms and conditions.

The Commission considered the evidence and submissions presented by both parties, including the process of negotiation and the nature of the agreement's terms. The Commission found that the agreement was independently negotiated and free from any coercion, undue influence, or harassment. It also determined that the agreement contained terms that were fair and reasonable, and that it complied with the statutory minimum standards. Therefore, the Commission approved the Offshore Marine Services Pty Ltd / AIMPE Operation of Vessels - Gorgon Enterprise Agreement 2013.

The Fair Work Commission approved the Gorgon Enterprise Agreement 2013, finding it to be fairly and reasonably negotiated and compliant with the Fair Work Act. The decision was based on the evidence presented by both parties and the Commission's assessment of the agreement's terms. The approval allows the agreement to be registered and enforced, providing certainty and stability for the parties and their employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established