OSM Australia (Inshore) Pty Ltd T/A OSM
[2025] FWCA 456
•5 FEBRUARY 2025
| [2025] FWCA 456 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
OSM Australia (Inshore) Pty Ltd T/A OSM
(AG2025/172)
OSM AUSTRALIA (INSHORE) PTY LTD AQUACULTURE ENTERPRISE AGREEMENT 2025
| Aquaculture | |
| DEPUTY PRESIDENT O'KEEFFE | PERTH, 5 FEBRUARY 2025 |
Application for approval of the OSM Australia (Inshore) Pty Ltd Aquaculture Enterprise Agreement 2025
An application has been made for approval of an enterprise agreement known as the OSM Australia (Inshore) Pty Ltd Aquaculture Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by OSM Australia (Inshore) Pty Ltd T/A OSM (the Applicant). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 3 November 2023 and the Agreement was made on 17 January 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Australian Maritime Officers Union and the Australian Institute of Marine and Power Engineers, who were bargaining agents, expressed the view that the Agreement passes the BOOT. The Construction, Forestry and Maritime Employees Union - The Maritime Union of Australia Division (collectively, the unions) did not express a view as to whether the Agreement passes the BOOT.
Pursuant to s205A(2) of the Act, the workplace delegates’ rights term prescribed by the Ports, Harbours and Enclosed Water Vessels Award 2020 has been inserted as a term of the Agreement.
The unions lodged Form F18 statutory declarations giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the unions.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2025. The nominal expiry date of the Agreement is 4 February 2029.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE527911 PR784016>
0
0
0