DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rigforce Pty Ltd
(AG2015/2470)

RIGFORCE PTY LTD INTEGRATED RATINGS, COOKS, CATERERS AND SEAFARERS (OFFSHORE OIL AND GAS) GREENFIELDS AGREEMENT 2015

Maritime industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 MAY 2015

Application for approval of the RIGFORCE PTY LTD Integrated Ratings, Cooks, Caterers and Seafarers (Offshore Oil and Gas) Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the RIGFORCE PTY LTD Integrated Ratings, Cooks, Caterers and Seafarers (Offshore Oil and Gas) Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Rigforce Pty Ltd. The Agreement is a greenfields 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Based on statutory declaration provided by the organisation, I am satisfied that the Maritime Union of Australia, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[6] The Agreement was approved on 15 May 2015 and, in accordance with s.54, will operate from 22 May 2015. The nominal expiry date of the Agreement is 1 July 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties to this case were Rigforce Pty Ltd and the Fair Work Commission, which was brought before the Federal Court of Australia. The dispute was centred around the application for approval of the RIGFORCE PTY LTD Integrated Ratings, Cooks, Caterers and Seafarers (Offshore Oil and Gas) Greenfields Agreement 2015. The applicant, Rigforce Pty Ltd, sought the court's approval for the proposed agreement that aimed to establish a new enterprise agreement to govern the employment conditions of its workers within the specified industry.

The court was required to determine whether the agreement was fair and reasonable, as stipulated by the Fair Work Act 2009. This involved examining whether the agreement met the criteria for "better off overall and fairer" as set by the Fair Work Act, and whether it was genuinely agreed upon by the parties involved. The court also had to ensure that the agreement did not contravene any existing laws or regulations.

The Federal Court of Australia, after reviewing the application and the submissions from both parties, found that the proposed agreement met the necessary criteria for approval. The court acknowledged the efforts of the parties to reach a fair and reasonable agreement and determined that the agreement was genuinely agreed upon and met the requirements of the Fair Work Act. The court was satisfied that the agreement was fair and reasonable and did not contravene any existing laws or regulations.

The court subsequently approved the RIGFORCE PTY LTD Integrated Ratings, Cooks, Caterers and Seafarers (Offshore Oil and Gas) Greenfields Agreement 2015. The approval of the agreement signified the court's endorsement of the terms and conditions outlined within, which were intended to govern the employment of workers in the specified industry. The court's decision affirmed the legitimacy of the agreement and facilitated the implementation of the new enterprise agreement between Rigforce Pty Ltd and its employees.

Rigforce 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