DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rigforce Pty Ltd T/A Rigforce
(AG2017/3667)

RIGFORCE PTY LTD MARITIME OFFSHORE OIL AND GAS INDUSTRY DECK OFFICERS GREENFIELDS AGREEMENT 2017

Oil and gas industry
COMMISSIONER GREGORY	MELBOURNE, 4 OCTOBER 2017

Application for approval of the Rigforce Pty Ltd Maritime Offshore Oil and Gas Industry Deck Officers Greenfields Agreement 2017.

[1] An application has been made for approval of a greenfields agreement known as the Rigforce Pty Ltd Maritime Offshore Oil and Gas Industry Deck Officers Greenfields Agreement 2017 (Agreement). The application was made by Rigforce Pty Ltd T/A Rigforce pursuant to s.185 of the Fair Work Act 2009 (Act).

[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, 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] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Australian Maritime Officers’ Union are 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.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Maritime Officers’ Union and that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2017. The nominal expiry date of the Agreement is 3 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rigforce Pty Ltd, trading as Rigforce, applied to the Fair Work Commission for approval of the Maritime Offshore Oil and Gas Industry Deck Officers Greenfields Agreement 2017. The application involved the establishment of a new greenfields agreement for deck officers employed in the maritime offshore oil and gas industry. The dispute centred on the terms and conditions of employment, including wages, hours of work, leave provisions, and other employment-related matters. The Fair Work Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable safety net of terms and conditions, whether it allowed for proper bargaining between employers and employees, and whether it adhered to the principles of good faith bargaining. Additionally, the Commission had to consider whether the agreement addressed the specific needs and interests of deck officers in the maritime offshore oil and gas industry, including those in the greenfields context. The application also raised questions about the balance of power between the parties and whether the agreement was likely to promote harmonious, productive, and cooperative workplace relations.

The Commission concluded that the proposed agreement was fair and reasonable and met the criteria for approval. The agreement provided a comprehensive safety net of terms and conditions that were appropriate for the specific needs of deck officers in the greenfields context. The Commission found that the agreement allowed for proper bargaining and adhered to the principles of good faith bargaining. It also considered that the agreement would promote harmonious, productive, and cooperative workplace relations. The Commission was satisfied that the agreement was likely to achieve the objectives of the Fair Work Act 2009, including providing for a fair and reasonable safety net of terms and conditions and promoting harmonious, productive, and cooperative workplace relations.

The Fair Work Commission approved the Maritime Offshore Oil and Gas Industry Deck Officers Greenfields Agreement 2017, effective from 1 July 2017. The agreement was registered and became a registered agreement under the Fair Work Act 2009, providing a framework for the employment of deck officers in the maritime offshore oil and gas industry in the greenfields context.

Rigforce Pty Ltd T/A Rigforce

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established