Osm Australia Pty Ltd
[2024] FWCA 944
•15 MARCH 2024
| [2024] FWCA 944 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Osm Australia Pty Ltd
(AG2024/225)
APPLICATION FOR APPROVAL OF THE OSM AUSTRALIA PTY LTD MARITIME OFFSHORE OIL AND GAS INDUSTRY MASTERS AND DECK OFFICERS ENTERPRISE AGREEMENT 2024
| Oil and gas industry | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 15 MARCH 2024 |
Application for approval of the OSM Australia Pty Ltd Maritime Offshore Oil and Gas Industry Masters and Deck Officers Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the OSM AUSTRALIA PTY LTD MARITIME OFFSHORE OIL AND GAS INDUSTRY MASTERS AND DECK OFFICERS 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 Osm Australia Pty Ltd. The Agreement is a single enterprise agreement.
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, which commenced operation on 6 June 2023. By reason of the transitional arrangements for the Amending Act and the notification time for the Agreement of 27 February 2023, the genuine agreement requirements for agreement approval in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023 apply to the present application. Further, as the Agreement was made on 13 February 2024 the better off overall test provisions in Part 2-4 of the Fair Work Act as amended on 6 June 2023 apply.
The Employer 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. The undertakings are taken to be a term of the agreement.
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.
The Australian Maritime Officers' Union and the Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2024. The nominal expiry date of the Agreement is 1 October 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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