DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Oil and Gas Repair Australia Pty Ltd
(AG2016/581)

OIL AND GAS REPAIR PTY LTD OFFSHORE DRILLING OPERATIONS ENTERPRISE AGREEMENT 2016

Oil and gas industry
COMMISSIONER GREGORY	MELBOURNE, 15 APRIL 2016

Application for approval of the Oil and Gas Repair Pty Ltd Offshore Drilling Operations Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Oil and Gas Repair Pty Ltd Offshore Drilling Operations Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Oil and Gas Repair 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 is approved and, in accordance with s.54 of the Act, will operate from 22 April 2016. The nominal expiry date of the Agreement is 15 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Oil and Gas Repair Australia Pty Ltd applied to the Fair Work Commission for approval of the Offshore Drilling Operations Enterprise Agreement 2016. The application was contested by the Australian Maritime Officers' Union, which represented some of the employees covered by the agreement. The dispute centred on the validity and fairness of the agreement, particularly concerning the terms related to wages, hours, and other conditions of employment.

The legal issues before the Commission included whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act 2009, whether the agreement was genuinely a product of genuine agreement, and whether the agreement was fair. The Commission had to determine whether the necessary procedural requirements were followed, whether the parties had genuinely negotiated, and whether the terms of the agreement were fair in the context of the principles of enterprise bargaining.

In its decision, the Fair Work Commission found that the application met the necessary criteria for approval. The Commission was satisfied that the agreement was genuinely negotiated and that the procedural requirements had been met. Furthermore, the Commission determined that the terms of the agreement were fair and met the criteria set out in the Fair Work Act. Consequently, the Commission approved the Offshore Drilling Operations Enterprise Agreement 2016. The approval took effect from the date specified in the agreement.

Oil and Gas Repair Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established