DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TEK-Ocean Energy Services Pty Ltd
(AG2018/5121)

TEK-OCEAN ENERGY SERVICES PTY LTD INTEGRATED RATINGS, COOKS, CATERERS AND SEAFARERS (MARITIME OFFSHORE OIL AND GAS INDUSTRY) ENTERPRISE AGREEMENT 2018

Maritime industry
COMMISSIONER GREGORY	MELBOURNE, 30 JANUARY 2019

Application for approval of the TEK-Ocean Energy Services Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the TEK-Ocean Energy Services Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) 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 TEK-Ocean Energy Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2019. The nominal expiry date of the Agreement is 30 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, TEK-Ocean Energy Services Pty Ltd, sought approval for the TEK-Ocean Energy Services Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Enterprise Agreement 2018. The dispute arose from the application's submission to the Fair Work Commission (FWC) for approval, which was contested by certain union representatives. The central issue before the FWC was whether the enterprise agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement provided for fair and reasonable terms and conditions and if it complied with the procedural requirements set out in the Act.

The FWC meticulously examined the provisions of the enterprise agreement, focusing on whether it offered fair and reasonable terms for the employees. The FWC also assessed the procedural validity of the agreement, ensuring it adhered to the necessary processes, including proper consultation and the use of good faith bargaining. The FWC found that the agreement provided fair and reasonable terms for the employees, addressing their conditions of employment comprehensively and appropriately. Furthermore, the FWC concluded that the agreement was procedurally valid, having been developed through proper consultation and good faith bargaining, thus satisfying all statutory requirements.

As a result, the FWC approved the enterprise agreement, confirming its compliance with the Fair Work Act. This decision was based on the FWC's determination that the agreement met the statutory criteria for approval, offering fair and reasonable terms for the employees and adhering to the required procedural standards. The approval signifies that the agreement can now be implemented, providing a legally binding framework for the employment conditions of the affected workers.

TEK-Ocean Energy Services 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