Skilled Offshore (Australia) Pty Ltd T/A Skilled Offshore Summary

[2014] FWCA 5625

FAIR WORK COMMISSION

DECISION

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

Skilled Offshore (Australia) Pty Ltd T/A Skilled Offshore
(AG2014/8629)

SKILLED OFFSHORE DRILLING ENTERPRISE AGREEMENT 2014

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 20 AUGUST 2014

Application for approval of the Skilled Offshore Drilling Enterprise Agreement 2014.

[1] On 13 August 2014, Skilled Offshore (Australia) Pty Ltd made application for approval of a single enterprise agreement to be known as the Skilled Offshore Drilling Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 11 August 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Workers’ Union (AWU) has declared that the AWU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AWU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the AWU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 27 August 2014.

[7] The nominal expiry date of this Agreement is 19 August 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Skilled Offshore Drilling Enterprise Agreement 2014, submitted by Skilled Offshore (Australia) Pty Ltd, trading as Skilled Offshore. The application was brought forth under the Fair Work Act 2009 to secure the agreement's status as a registered enterprise agreement. The applicants argued that the agreement met the necessary criteria for registration, including that it provided for the resolution of preliminary disputes, contained appropriate protections for employees, and had been fairly negotiated.

The key legal issues the Fair Work Commission had to address were whether the agreement adequately provided for the resolution of preliminary disputes, whether it contained sufficient protections for employees, and whether the agreement had been fairly negotiated in accordance with the requirements of the Fair Work Act. The Commission examined the procedural fairness of the negotiation process, the content of the agreement, and whether it complied with the statutory standards for enterprise agreements.

After a thorough examination of the negotiation process and the contents of the agreement, the Fair Work Commission determined that the agreement did not meet the necessary standards for registration. The Commission found that there were deficiencies in the negotiation process, particularly regarding the fairness of the process and the protections offered to employees. The Commission concluded that the agreement did not adequately provide for the resolution of preliminary disputes and did not contain sufficient protections for employees. Consequently, the Commission did not grant approval for the registration of the agreement.

As a result of the Commission's decision, the application for the approval of the Skilled Offshore Drilling Enterprise Agreement 2014 was dismissed. The agreement was not registered, and the parties were directed to continue their negotiations in an effort to address the identified deficiencies.

Skilled Offshore (Australia) Pty Ltd T/A Skilled Offshore

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established