Samson Maritime Pty Ltd T/A Samson Express Offshore

[2013] FWCA 2749

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Samson Maritime Pty Ltd T/A Samson Express Offshore
(AG2013/825)

SAMSON MARITIME PTY LTD (TRADING AS SAMSON EXPRESS OFFSHORE) GORGON ENTERPRISE AGREEMENT 2013

Oil and gas industry
VICE PRESIDENT WATSON	SYDNEY, 3 MAY 2013

Application for approval of the Samson Maritime Pty Ltd (trading as Samson Express Offshore) Gorgon Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Samson Maritime Pty Ltd (trading as Samson Express Offshore) Gorgon Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Samson Maritime Pty Ltd T/A Samson Express Offshore.

[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 Institute of Marine and Power Engineers 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(1)(a), will operate from 10 May 2013. The nominal expiry date of the Agreement is 31 July 2014.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Samson Maritime Pty Ltd (trading as Samson Express Offshore) applied to the Fair Work Commission for approval of the Gorgon Enterprise Agreement 2013. The dispute arose as the applicants sought to finalise a new enterprise agreement following the expiry of the previous one. The primary concern was whether the new agreement met the legal standards for approval under the Fair Work Act 2009.

The legal issues before the Commission involved verifying that the agreement was made in good faith, contained appropriate minimum terms, and did not unfairly discriminate against employees. Additionally, the Commission needed to assess whether the agreement provided a safety net for employees, ensuring that the terms did not fall below the national minimum standards set out in the Fair Work Act. The application hinged on whether the proposed changes were consistent with these legislative requirements.

The Fair Work Commission found that the new enterprise agreement was made in good faith and contained the necessary minimum terms. It was concluded that the agreement did not unfairly discriminate against any employee and provided a safety net that did not fall below the national minimum standards. The Commission approved the agreement, noting that it was consistent with the provisions of the Fair Work Act.

The final orders included the approval of the Gorgon Enterprise Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions for the employees of Samson Maritime Pty Ltd until a new agreement was made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established