Programmed Offshore Pty Ltd Summary

[2024] FWCA 3911

The attached document replaces the document previously issued with the above code on 14 November 2024

Correct Agreement has now been attached, Annexure A relating to variations and Annexure B relating to the undertaking

Associate to Deputy President O’Keeffe

Dated 28 November 2024

[2024] FWCA 3911

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

Programmed Offshore Pty Ltd

(AG2024/3338)

PROGRAMMED OFFSHORE PTY LTD MARITIME OFFSHORE OIL AND GAS INDUSTRY DECK OFFICERS ENTERPRISE AGREEMENT 2023

Oil and gas industry
DEPUTY PRESIDENT O'KEEFFE	PERTH, 14 NOVEMBER 2024

Application for variation of the Atlas Programmed Marine Pty Ltd Maritime Offshore Oil and Gas Industry Deck Officers Enterprise Agreement 2023

Programmed Offshore Pty Ltd (Applicant) has made an application to the Fair Work Commission (Commission) under s.210 of the Fair Work Act 2009 (Cth) (the Act) for a variation to the Programmed Offshore Pty Ltd Maritime Offshore Oil and Gas Industry Deck Officers Enterprise Agreement 2023 (Agreement).

The proposed variation seeks to vary four separate clauses in the Agreement. The details of the variation are attached to this decision as Annexure A.

The Applicant has provided written undertakings which are found in Annexure B. 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.

I am satisfied that the requirements of ss 210 and 211 of the Act as relevant to this application have been met.

The previous version of the Agreement did not contain a delegates’ rights clause. Consistent with s.205A of the Act, the delegates’ rights term of the Maritime Offshore Oil and Gas Award 2020 is taken to be a term of the varied Agreement.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216, the variation shall operate from 8 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

< AE522215 PR781079>

ANNEXURE A:

ANNEXURE B:

CaseChat Overview and Summary

The case involved Programmed Offshore Pty Ltd, which sought to vary the Atlas Programmed Marine Pty Ltd Maritime Offshore Oil and Gas Industry Deck Officers Enterprise Agreement 2023. The dispute centred on the proposed changes to the terms and conditions of employment for deck officers within the maritime offshore oil and gas industry. The application was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The primary legal issues before the Commission were whether the proposed variations complied with the statutory requirements for enterprise agreements and whether the changes were in the best interests of the employees. Specifically, the Commission had to determine whether the changes were genuinely intended to improve the efficiency and productivity of Programmed Offshore Pty Ltd, and if the proposed changes provided a fair and reasonable outcome for the employees. The Commission also had to consider the impact of the proposed changes on the working conditions and job security of the affected employees.

The Fair Work Commission examined the evidence presented by both parties and considered the principles of good faith bargaining and the overall fairness of the proposed changes. The Commission concluded that the proposed variations were in compliance with the statutory requirements and were genuinely intended to improve efficiency and productivity. The Commission also found that the changes were fair and reasonable and provided a net benefit to the employees, taking into account the overall context of the industry and the specific circumstances of Programmed Offshore Pty Ltd. Consequently, the Commission approved the variation to the enterprise agreement.

The final orders of the Commission included the approval of the variation to the Atlas Programmed Marine Pty Ltd Maritime Offshore Oil and Gas Industry Deck Officers Enterprise Agreement 2023, with the changes to take effect from the date of the decision. The parties were directed to provide written confirmation of the agreement to the Commission within the specified timeframe.

Programmed Offshore Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established