DECISION

Fair Work Act 2009
s.210—Enterprise agreement

TEK-Ocean Energy Services Pty Ltd T/A TEK-Ocean Energy Services Pty Ltd
(AG2016/1367)

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

Oil and gas industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 28 JUNE 2016

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

[1] An application has been made by TEK-Ocean Energy Services Pty Ltd T/A TEK-Ocean Energy Services Pty Ltd to vary the TEK – Ocean Energy Services Pty Ltd and the AWU and AMWU Supply Base Agreement 2014.

[2] The variations sought are set out in Attachment A and affects clause 14.1 – Wages, as follows:

rate reduction of 7.5% on current agreement rates;

no increase to the agreement rates of pay with effect 1 July 2016 and

new classification added to the wage schedule for non chargeable work.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union requested and were provided with a copy of the Agreement as varied and supporting information.

[4] The Notice of Listing stated " In the absence of any person indicating they wish to be heard, the application for approval of the agreement will be determined in accordance with the requirements of the Fair Work Act 2009 on the basis of the materials lodged with the Fair Work Commission to date.”

[5] At the time of the listing no response was received by The Australian Workers’ Union or the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union both of whom are parties to the Agreement.

[6] I am satisfied that the relevant requirements of s.210, s.211 and s.212 of the Act concerning this application for approval have been met. I approve the variations sought.

[7] The application is approved. In accordance with s.216 of the Act the variation will operate from the date of this decision. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

In the Fair Work Commission, TEK-Ocean Energy Services Pty Ltd, trading as TEK-Ocean Energy Services Pty Ltd, applied for a variation of the AWU & AMWU Supply Base Agreement 2014. The Australian Workers' Union (AWU) and the Australian Manufacturing Workers' Union (AMWU) were the respondents. The dispute centred around the interpretation and application of the existing agreement, particularly in relation to the classification and remuneration of certain employees. The application sought to modify the agreement to better reflect the current operational realities and to ensure fair and equitable treatment of employees.

The legal issues before the Commission involved the interpretation of specific clauses within the existing agreement and the extent to which the application for variation was justified. Key questions included whether the proposed changes were consistent with the objectives of the agreement, whether they adhered to relevant industrial laws, and whether they provided adequate protections for the employees involved. The Commission had to weigh the need for flexibility in the agreement against the need to maintain fair and reasonable terms for employees.

The Commission considered the submissions from both parties and examined the relevant industrial laws and precedents. It found that the proposed changes were necessary to ensure that the agreement remained relevant and effective in the current operational context. The Commission determined that the changes were consistent with the objectives of the agreement and did not undermine the rights or protections of the employees. The application for variation was approved, with specific modifications to the classification and remuneration clauses to better align with the current needs of the business while ensuring fair treatment for employees.

The final orders included specific amendments to the AWU & AMWU Supply Base Agreement 2014, reflecting the changes approved by the Commission. These amendments were designed to address the operational needs of TEK-Ocean Energy Services while maintaining fair and reasonable terms for the employees. The decision provided clarity on the interpretation and application of the agreement, ensuring that both the employer and employees could operate within a fair and legally compliant framework.

TEK-Ocean Energy Services Pty Ltd T/A 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