SIERA Marine Management Pty Ltd Summary

[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.

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.

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.

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.

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.

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

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

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

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

CaseChat Overview and Summary

Siera Marine Management Pty Ltd, a maritime employer, applied to the Fair Work Commission to vary a workplace agreement governing the terms and conditions of employment for deck officers working in the offshore oil and gas industry. The application sought changes including a reduction in the weekly leave loading rate and the removal of certain overtime provisions. The respondents, including various trade unions and individual employees, opposed the application on the basis that the proposed changes were unjust and not in line with industry standards.

The legal issues before the Commission involved whether the proposed variations met the criteria for approval under the Fair Work Act, specifically if they were necessary to eliminate or reduce workplace disharmony or to improve workplace efficiency, productivity, or profitability. The Commission also had to determine if the changes were fair and reasonable in all the circumstances, taking into account the impact on employees and the broader industry context.

The Commission found that the proposed changes were necessary to address significant financial pressures faced by Siera Marine Management, and that the variations would not have an adverse impact on the employees' terms and conditions of employment. The changes were considered fair and reasonable given the demonstrated need for cost reductions and the employer's demonstrated commitment to maintaining a safe and efficient workplace. The Commission acknowledged the importance of balancing the employer's need for flexibility with the protection of employee rights, and concluded that the proposed variations achieved this balance.

The Fair Work Commission approved the application, varying the agreement to reflect the changes sought by Siera Marine Management. The variations included a reduction in the weekly leave loading rate and the removal of certain overtime provisions, effective from the date of the Commission's decision. The decision recognised the employer's need for financial sustainability while also upholding the principles of fairness and reasonableness in the workplace.

SIERA Marine Management Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established