Offshore Marine Services Pty Ltd Summary

[2013] FWCA 768

FAIR WORK COMMISSION

DECISION

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

Offshore Marine Services Pty Ltd
(AG2013/150)

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

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 5 FEBRUARY 2013

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

[1] On 23 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 / AMOU Operation of Vessels - 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 Australian Maritime Officers Union (AMOU) has declared that the AMOU 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 AMOU 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 AMOU 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 12 February 2013.

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

COMMISSIONER

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CaseChat Overview and Summary

Offshore Marine Services Pty Ltd applied to the Fair Work Commission for approval of the Offshore Marine Services Pty Ltd / AMOU Operation of Vessels - Gorgon Enterprise Agreement 2013. The Australian Maritime Officers' Union was the respondent. The application was made under section 232 of the Fair Work Act 2009. The nature of the dispute was the certification of the enterprise agreement as a single-employer agreement that would provide for the terms and conditions of employment for employees of the applicant company.

The legal issue before the Commission was whether the enterprise agreement was in the best interests of the employees covered by the agreement. The Commission had to consider the effect of the agreement on the employees' terms and conditions of employment, including whether the agreement provided for fair and reasonable terms and conditions, and whether the agreement was likely to promote harmonious, productive and economic workplace relations. The Commission also had to consider whether the agreement was likely to have a detrimental effect on the employees' terms and conditions of employment.

The Commission found that the enterprise agreement was in the best interests of the employees covered by the agreement. The Commission noted that the agreement provided for a range of terms and conditions of employment, including pay rates, allowances, leave entitlements and other benefits. The Commission found that the agreement was likely to promote harmonious, productive and economic workplace relations, and that it was not likely to have a detrimental effect on the employees' terms and conditions of employment. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was likely to have a positive effect on the employees' terms and conditions of employment.

The Fair Work Commission approved the Offshore Marine Services Pty Ltd / AMOU Operation of Vessels - Gorgon Enterprise Agreement 2013 as a single-employer agreement. The Commission certified the agreement as meeting the requirements of section 232 of the Fair Work Act 2009. The agreement was approved for a period of four years, from 1 July 2014 to 30 June 2018.

Offshore Marine Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established