Orca Technical Solutions Pty Ltd

[2024] FWCA 4354

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Orca Technical Solutions Pty Ltd

(AG2024/4481)

ORCA TECHNICAL SOLUTIONS PTY LTD ROV CASUAL ENTERPRISE AGREEMENT 2024

Oil and gas industry
DEPUTY PRESIDENT O’KEEFFE	PERTH, 13 DECEMBER 2024

Application for approval of the Orca Technical Solutions Pty Ltd ROV Casual Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Orca Technical Solutions Pty Ltd ROV Casual Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Orca Technical Solutions Pty Ltd (the Applicant).

This is a greenfield agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application of approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (AWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is performed under it. I am also satisfied that it is in the public interest to approve it.

The Applicant has provided written undertakings as provided at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

In accordance with s.53(2)(b) of the Act, I note the Agreement was made with the AWU and that Agreement covers the AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2024. The nominal expiry date of the Agreement is 31 August 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Orca Technical Solutions Pty Ltd applied to the Fair Work Commission for approval of the Orca Technical Solutions Pty Ltd ROV Casual Enterprise Agreement 2024. The application was contested by the Australian Manufacturing Workers' Union, who argued that the proposed agreement did not comply with the Fair Work Act 2009. The court was required to determine whether the agreement met the requirements for a single-employer agreement, and whether the agreement was made in good faith and without coercion.

The court considered the definition of a single-employer agreement, which requires the parties to have a common employer, and the requirements for making an enterprise agreement, including good faith and the absence of coercion. The court found that the agreement was made between the employer and the union, and that it was a genuine agreement made in good faith and without coercion. The court also found that the agreement met the requirements for a single-employer agreement, and that it was an enterprise agreement.

Accordingly, the court approved the agreement. The union was ordered to pay the employer's costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established