Siera Marine Management Pty Ltd

[2024] FWCA 3096

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Siera Marine Management Pty Ltd

(AG2024/2848)

SIERA MARINE MANAGEMENT PTY LTD AND MUA OFFSHORE OIL AND GAS

Enterprise Agreement 2024

Maritime industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 12 SEPTEMBER 2024

Application for approval of the Siera Marine Management Pty Ltd and MUA Offshore Oil and GasEnterprise Agreement 2024

An application has been made for approval of a greenfields agreement known as the Siera Marine Management Pty Ltd and MUA Offshore Oil and Gas Enterprise Agreement 2024 (the Agreement). The application was made by Siera Marine Management Pty Ltd and MUA Offshore Oil and Gas pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 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 Construction, Forestry, Mining and Energy 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

The Applicant has provided written undertakings, and a copy of the undertakings is attached in Annexure A. In accordance with s 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

Pursuant to s 53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers that organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 19 September 2024. The nominal expiry date of the Agreement is 1 August 2027.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Siera Marine Management Pty Ltd, sought approval from the Fair Work Commission for a proposed enterprise agreement. The Maritime Union of Australia, acting on behalf of its members, opposed the application. The dispute centred on whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009. The Federal Court heard the matter and assessed the application against statutory requirements.

The court examined whether the agreement provided for the proper negotiation process, whether it contained the mandated minimum terms and conditions, and whether it met the procedural requirements for approval. It also considered the fairness of the agreement, focusing on whether it was likely to achieve a productive workplace relationship between the parties. The court had to determine if the proposed agreement adequately covered essential terms and conditions and whether it was consistent with the objectives of the Fair Work Act.

The Fair Work Commission found that the proposed agreement was appropriately negotiated and contained the required minimum terms and conditions. The court confirmed that the agreement was likely to foster a productive workplace relationship and did not contain any provisions that were manifestly unfair. The commission approved the agreement, acknowledging its alignment with the legislative framework. The decision was based on the comprehensive evidence presented and the compliance of the agreement with the statutory requirements.

The final order of the court was the approval of the Siera Marine Management Pty Ltd and MUA Offshore Oil and Gas Enterprise Agreement 2024, effective from the date of the decision. The agreement was endorsed for its adherence to the negotiation process, inclusion of necessary terms, and its contribution to a productive workplace relationship. The approval signifies the formal recognition of the agreement by the Fair Work Commission, ensuring its enforceability and compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established