DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OSM Australia Pty Ltd
(AG2017/125)

OSM AUSTRALIA PTY LTD INTEGRATED RATINGS, COOKS, CATERERS AND SEAFARERS (MARITIME OFFSHORE OIL AND GAS INDUSTRY) ENTERPRISE AGREEMENT 2016

Maritime industry
COMMISSIONER WILSON	MELBOURNE, 20 MARCH 2017

Application for approval of the OSM Australia Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the OSM Australia Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) 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 OSM Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Maritime Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2017. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

OSM Australia Pty Ltd was the applicant seeking approval of its Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Enterprise Agreement 2016. The application was before the Fair Work Commission. The nature of the dispute was centred on whether the proposed enterprise agreement complied with the necessary provisions of the Fair Work Act 2009, particularly in relation to its provisions on employee entitlements, classification, and the process for resolving disputes.

The legal issues that the Fair Work Commission was required to decide included whether the agreement met the statutory requirements for fair and reasonable terms, including whether it provided for minimum entitlements for employees and whether it contained provisions for resolving disputes that were accessible and affordable. The Commission also had to determine if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and whether it complied with the Fair Work (Transitional Provisions) Act 2009.

The Fair Work Commission concluded that the agreement was fair and reasonable and thus approved it. The Commission found that the agreement provided for minimum entitlements and contained provisions for resolving disputes that were accessible and affordable. The Commission noted that the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and complied with the Fair Work (Transitional Provisions) Act 2009. The Commission also found that the agreement was in the best interests of the employees and employers covered by it.

The final orders of the Fair Work Commission were that the proposed enterprise agreement be approved and registered as of the date of the decision. The agreement was to be binding on all employees covered by it, and the employer was required to implement the terms of the agreement. The Commission also ordered that a copy of the approved agreement be provided to the Registrar of the Fair Work Commission.

OSM 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