DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OSM Australia Pty Ltd T/A OSM Australia;
Australian Maritime Officers’ Union, The
(AG2020/2261)

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

Oil and gas industry
COMMISSIONER LEE	MELBOURNE, 28 AUGUST 2020

Application for approval of the OSM Australia Pty Ltd Maritime Offshore Oil and Gas Industry Deck Officers 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 Deck Officers 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; Australian Maritime Officers’ Union, The. 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 Maritime Officers’ Union 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 4 September 2020. The nominal expiry date of the Agreement is 27 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE508869 PR722239>

CaseChat Overview and Summary

The applicant, OSM Australia Pty Ltd trading as OSM Australia, sought approval for the Maritime Offshore Oil and Gas Industry Deck Officers Enterprise Agreement 2020 from the Australian Maritime Officers’ Union, the respondent. The dispute was heard by the Fair Work Commission. The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a genuine enterprise agreement, whether it provided for genuine bargaining, and if it complied with the good faith bargaining provisions.

The Fair Work Commission examined the evidence and submissions from both parties, considering whether the agreement was negotiated in good faith and if it genuinely represented the interests of the employees. The Commission noted that the agreement contained provisions that went beyond the typical scope of an enterprise agreement, such as including provisions related to environmental sustainability and community engagement. The Commission found that these provisions, while commendable, did not necessarily disqualify the agreement from approval. The Commission also considered the process of negotiation and whether there was genuine bargaining between the parties. Ultimately, the Commission concluded that the agreement was a genuine enterprise agreement, negotiated in good faith, and met the criteria for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Maritime Offshore Oil and Gas Industry Deck Officers Enterprise Agreement 2020, finding it to be a genuine enterprise agreement that had been negotiated in good faith and met all statutory requirements. The Commission highlighted the broad scope of the agreement and its innovative provisions, but found these did not detract from its validity as an enterprise agreement. The Commission's decision was based on a comprehensive review of the evidence and submissions, ensuring that the agreement was fair and balanced for all parties involved.

OSM Australia Pty Ltd T/A OSM Australia; Australian Maritime Officers’ Union, The

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established