DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OSM Australia Pty Ltd T/A OSM Australia
(AG2020/2603)

OSM AUSTRALIA PTY LTD MARITIME OFFSHORE OIL AND GAS INDUSTRY ENGINEERS ENTERPRISE AGREEMENT 2020

Maritime industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 SEPTEMBER 2020

Application for approval of the OSM Australia Pty Ltd Maritime Offshore Oil and Gas Industry Engineers Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the OSM Australia Pty Ltd Maritime Offshore Oil and Gas Industry Engineers Enterprise Agreement 2020 (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 T/A OSM Australia. 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 Australian Institute of Marine and Power Engineers (AIMPE) 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2020. The nominal expiry date of the Agreement is 13 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

OSM Australia Pty Ltd, trading as OSM Australia, applied to the Fair Work Commission for approval of the OSM Australia Maritime Offshore Oil and Gas Industry Engineers Enterprise Agreement 2020. The application was contested by the Maritime Union of Australia, which argued that the agreement did not meet the requirements for approval under the Fair Work Act 2009. The matter was heard by Deputy President Kelly in the Commission's Sydney office.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, specifically sections 232 and 233, which require that an enterprise agreement be certified as "bargained fairly" and "free from improper conduct." The dispute centred on whether certain provisions in the agreement were procedurally unfair and whether they were the result of improper conduct by the applicant. The Commission also considered whether the agreement provided for appropriate terms and conditions, including pay rates and other entitlements, for employees in the maritime offshore oil and gas industry.

In assessing the application, the Commission examined the bargaining process and the content of the agreement. The Commission found that the bargaining process was generally fair, and that the agreement provided for appropriate terms and conditions for employees. The Commission noted that there were some procedural issues during the bargaining process, but found that these did not amount to improper conduct. The Commission also found that the agreement provided for appropriate pay rates and other entitlements, taking into account the specific circumstances of the maritime offshore oil and gas industry. The Commission was satisfied that the agreement met the requirements for approval under the Fair Work Act.

The Fair Work Commission approved the OSM Australia Maritime Offshore Oil and Gas Industry Engineers Enterprise Agreement 2020, subject to certain modifications to address the procedural issues identified during the hearing. The Commission made orders to this effect under section 235 of the Fair Work Act. The applicant and the union were directed to implement the modified agreement, which would now be registered with the Commission.

OSM Australia Pty Ltd T/A OSM Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established