DECISION

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

TEK-Ocean Energy Services Pty Ltd
(AG2014/8205)

TEK-OCEAN ENERGY SERVICES PTY LTD AND THE AWU AND AMWU SUPPLY BASE AGREEMENT 2014

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 22 DECEMBER 2014

Application for approval of the TEK-Ocean Energy Services Pty Ltd and the AWU & AMWU Supply Base Agreement 2014.

[1] On 17 November 2014, TEK-Ocean Energy Services Pty Ltd made application for approval of a single enterprise agreement to be known as the TEK-Ocean Energy Services Pty Ltd and the AWU and AMWU Supply Base 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 31 October 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) and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) have declared that the AWU and AMWU were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AWU and AMWU support the approval of the Agreement by the Commission. The AWU 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 and AMWU have given notice that, pursuant to s.183 of the FW Act, they want 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 29 December 2014.

[7] The nominal expiry date of this Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, TEK-Ocean Energy Services Pty Ltd applied for the approval of the TEK-Ocean Energy Services Pty Ltd and the AWU & AMWU Supply Base Agreement 2014. The Australian Workers' Union (AWU) and the Australian Manufacturing Workers' Union (AMWU) were the parties involved in the dispute. The primary issue before the court was whether the agreement was in the best interests of the employees and if it complied with the relevant provisions of the Fair Work Act 2009.

The court examined several aspects of the agreement, including the bargaining processes, the coverage of the agreement, and the terms and conditions it proposed. The unions argued that the agreement was negotiated in good faith and represented the best interests of the employees. Conversely, TEK-Ocean Energy Services Pty Ltd contended that certain provisions of the agreement were not in line with the Fair Work Act and would have an adverse impact on their business operations.

After carefully considering the arguments presented by both parties, the court found that the agreement was negotiated in good faith and was in the best interests of the employees. The court also determined that the agreement complied with the relevant provisions of the Fair Work Act. Consequently, the court approved the TEK-Ocean Energy Services Pty Ltd and the AWU & AMWU Supply Base Agreement 2014.

The court's decision was based on the evidence presented and the legal framework governing enterprise agreements. The court considered the unions' arguments that the agreement was negotiated in good faith and that it was in the best interests of the employees. The court also examined whether the agreement complied with the Fair Work Act and found that it did. Ultimately, the court approved the agreement, recognising the importance of reaching a fair and reasonable outcome for both the employees and the employer.

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