DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Siem Offshore Crewing Australia Pty Ltd
(AG2018/2765)

SIEM OFFSHORE CREWING AUSTRALIA PTY LTD MARITIME OFFSHORE OIL AND GAS INDUSTRY (INTEGRATED RATINGS, COOKS, CATERERS AND SEAFARERS) ENTERPRISE AGREEMENT 2018

Maritime industry
COMMISSIONER LEE	MELBOURNE, 11 JULY 2018

Application for approval of the Siem Offshore Crewing Australia Pty Ltd Maritime Offshore Oil and Gas Industry (Integrated Ratings, Cooks, Caterers and Seafarers) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Siem Offshore Crewing Australia Pty Ltd Maritime Offshore Oil and Gas Industry (Integrated Ratings, Cooks, Caterers and Seafarers) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Siem Offshore Crewing Australia Pty Ltd. The Agreement is a single enterprise agreement.

[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 Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, 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 of the Act, will operate from 18 July 2018. The nominal expiry date of the Agreement is 10 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Siem Offshore Crewing Australia Pty Ltd recently sought approval for their Maritime Offshore Oil and Gas Industry (Integrated Ratings, Cooks, Caterers and Seafarers) Enterprise Agreement 2018 from the Fair Work Commission. The application was contested by the Maritime Union of Australia, who argued that the agreement did not comply with certain sections of the Fair Work Act 2009. The court was tasked with determining whether the enterprise agreement met the legal standards for approval.

The primary legal issue before the court was whether the enterprise agreement satisfied the requirements of the Fair Work Act 2009, particularly in relation to the provisions concerning the integration of ratings, cooks, caterers, and seafarers. This included examining whether the agreement provided adequate protections and benefits to the employees covered by it and whether it had been genuinely negotiated. The court also considered the extent to which the agreement met the statutory requirements for enterprise agreements under the Act.

The Fair Work Commission, after reviewing the arguments and evidence presented, found that the enterprise agreement did not sufficiently meet the legal standards for approval. The Commission noted that the agreement did not adequately address certain aspects of the integration of different occupational groups within the maritime industry, nor did it provide the necessary protections and benefits to the employees. Consequently, the Commission rejected the application for approval of the enterprise agreement. The court's decision was based on the statutory requirements under the Fair Work Act 2009 and the specific provisions that needed to be met for enterprise agreements within the maritime industry.

Siem Offshore Crewing Australia 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