Offshore Marine Services Pty Ltd

[2013] FWCA 813

FAIR WORK COMMISSION

DECISION

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

Offshore Marine Services Pty Ltd
(AG2013/163)

OFFSHORE MARINE SERVICES PTY LTD / MUA OPERATION OF VESSELS CONTRACT - GORGON ENTERPRISE AGREEMENT 2013

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 6 FEBRUARY 2013

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

[1] On 24 January 2013, Offshore Marine Services Pty Ltd made application for approval of a single enterprise agreement to be known as the Offshore Marine Services Pty Ltd / MUA Operation of Vessels Contract - Gorgon Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the 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] 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 MUAsupports 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 13 February 2013.

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

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application by Offshore Marine Services Pty Ltd (OMS) to approve the Offshore Marine Services Pty Ltd / MUA Operation of Vessels Contract - Gorgon Enterprise Agreement 2013. The application was brought under the Fair Work Act 2009, seeking the Fair Work Commission's (FWC) approval of the proposed agreement as a registered agreement. The dispute centred on whether the proposed agreement met the legal requirements for registration and if it complied with the provisions of the Fair Work Act.

The primary legal issues the court had to decide were whether the agreement complied with the legislative framework set out in the Fair Work Act and whether it adhered to the requirements for fair and equitable terms and conditions of employment. Specifically, the court had to consider if the agreement contained all the necessary provisions as per the Act, including the minimum standards, and whether it was made in good faith and without coercion. The court also examined the process through which the agreement was negotiated and the extent to which it represented the interests of both parties.

The court's reasoning focused on a detailed analysis of the proposed agreement against the legislative criteria. It examined the content of the agreement to ensure it included all mandatory provisions and met the minimum standards for employment conditions. The court also reviewed the negotiation process to ascertain whether it was conducted in good faith and without undue influence. The court found that the agreement contained all required provisions and was negotiated fairly, without coercion, thereby satisfying the criteria for approval under the Fair Work Act. Consequently, the court approved the proposed agreement.

The final orders of the court were to approve the Offshore Marine Services Pty Ltd / MUA Operation of Vessels Contract - Gorgon Enterprise Agreement 2013 as a registered agreement under the Fair Work Act 2009. This decision allowed the agreement to have legal effect, binding both the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established