DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rigforce Pty Ltd T/A Rigforce
(AG2017/1118)

RIGFORCE PTY LTD INTEGRATED RATINGS, COOKS, CATERERS AND SEAFARERS (MARITIME OFFSHORE OIL AND GAS INDUSTRY) GREENFIELDS AGREEMENT 2016

Maritime industry
COMMISSIONER LEE	MELBOURNE, 30 MAY 2017

Application for approval of the Rigforce Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Greenfields Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the Rigforce Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Greenfields Agreement 2016 (Agreement). The application was made by Rigforce Pty Ltd T/A Rigforce pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] 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 the Maritime Union of Australia 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.

[3] 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.

[4] 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.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2017. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Rigforce Pty Ltd, trading as Rigforce, applied for approval of the Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Greenfields Agreement 2016. The applicant sought to have the agreement approved under section 234 of the Fair Work Act 2009 as a new registered agreement that would replace existing agreements. The dispute arose as the applicant sought to implement changes to employee conditions, which were opposed by the employees and their unions.

The primary legal issue for the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act and was in the interests of the employees. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum rates of pay, hours of work, and other entitlements. The applicant argued that the changes were necessary to maintain competitiveness and efficiency, while the unions contended that the proposed changes would disadvantage the employees.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment. The Commission considered that the proposed changes were necessary to ensure the applicant's continued viability and competitiveness in the industry. The Commission also noted that the agreement provided for adequate protections for employees, including provisions for minimum rates of pay, overtime, and other entitlements. The Commission was satisfied that the agreement was in the interests of the employees and approved the agreement under section 234 of the Fair Work Act.

The Fair Work Commission approved the Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Greenfields Agreement 2016 as a new registered agreement. The agreement will replace the existing agreements and will be in effect from the date of registration.

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