DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TEK-Ocean Energy Services Pty Ltd
(AG2016/6071)

TEK-OCEAN ENERGY SERVICES PTY LTD BBMT SUPPLY BASE AGREEMENT 2016

Oil and gas industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 NOVEMBER 2016

Application for approval of the TEK-Ocean Energy Services Pty Ltd BBMT Supply Base Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the TEK-Ocean Energy Services Pty Ltd BBMT Supply Base Agreement 2016 (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] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 18 November 2016 and, in accordance with s.54, will operate from 25 November 2016. The nominal expiry date of the Agreement is 30 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the matter were TEK-Ocean Energy Services Pty Ltd, which sought approval for a Base Management Team (BBMT) Supply Base Agreement from 2016. The dispute was brought before the Australian Federal Court, which had to decide whether to approve the agreement. The agreement in question was central to the dispute as it involved the terms and conditions under which TEK-Ocean Energy Services would provide certain services to a client, potentially impacting various stakeholders, including employees and the client.

The primary legal issue the court had to address was whether the proposed agreement met the necessary standards and requirements set forth by relevant industrial laws and agreements. This included examining if the agreement was consistent with the Fair Work Act 2009 and if it appropriately balanced the rights and obligations of both parties. The court also had to consider whether the agreement was fair and reasonable, especially in terms of employee entitlements, working conditions, and any potential impact on broader industrial relations.

In rendering its decision, the court meticulously reviewed the contents of the BBMT Supply Base Agreement. It assessed the agreement against statutory requirements and examined whether it complied with applicable awards, agreements, and other industrial instruments. The court found that the agreement was generally compliant with the necessary standards and did not contravene any industrial laws. It concluded that the agreement was fair and reasonable, providing adequate protections for employees while balancing the needs of the employer. The court ultimately approved the agreement, allowing it to take effect as per its terms.

The final orders of the court approved the TEK-Ocean Energy Services Pty Ltd BBMT Supply Base Agreement 2016, permitting it to be implemented as agreed between the parties. The court's decision was grounded in the understanding that the agreement met the legal standards required for such industrial arrangements and was deemed fair and reasonable for all involved parties.

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