SIERA Marine Management Pty Ltd

Case •

[2025] FWCA 1989

•

16 JUNE 2025
[2025] FWCA 1989

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement variation

SIERA Marine Management Pty Ltd

(AG2025/1438)

SIERA MARINE MANAGEMENT PTY LTD MARITIME OFFSHORE OIL AND GAS INDUSTRY DECK OFFICERS AGREEMENT 2024

Maritime industry

COMMISSIONER LIM

PERTH, 16 JUNE 2025

Application for variation of the Siera Marine Management Pty Ltd Maritime Offshore Oil and Gas Industry Deck Officers Agreement 2024 – agreement varied.

  1. An application has been made for approval of a variation to the Siera Marine Management Pty Ltd Maritime Offshore Oil and Gas Industry Deck Officers Agreement 2024.[1] The Application was made by SIERA Marine Management Pty Ltd under section 210 of the Fair Work Act 2009.  

  1. The purpose of the variation is to clarify the income protection clause; provide for an anchor handling allowance; clarify travel to and from Vessels; and to comply with the changes to the Seafarers Rehabilitation and Compensation Act 1992.

  1. The notification of the vote on the proposed variation and the consideration period provided to employees were not seven clear days. However, I am satisfied that no employees have been disadvantaged by this and have used the power under s 188(5) of the Act to disregard this error.

  1. Clause 13.1d of the Agreement, which relates to withholding monies at termination, may be inconsistent with the National Employment Standards. SIERA provided an undertaking that the NES would have precedence over the Agreement to the extent of any inconsistency. This undertaking is attached to this decision as Annexure A.

  1. The Australian Workers Union is an employee organisation that is covered by the Agreement. The organisation is supportive of approval of the proposed variation. 

  1. Accordingly, I am satisfied that each of the requirement of s 210, s 211 and s 212 as are relevant have been met.

  1. In accordance with s 216 of the Act, the variation operates from Monday 16 June 2025. 

  1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this Decision. 




COMMISSIONER

Annexure A


[1] AE524907.

Printed by authority of the Commonwealth Government Printer

<AE524907  PR788253>

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