Tideway B.V.

[2013] FWCA 1094

FAIR WORK COMMISSION

DECISION

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

Tideway B.V.
(AG2013/275)

TIDEWAY AND AUSTRALIAN MARITIME OFFICERS UNION OFFSHORE OIL AND GAS GREENFIELD ENTERPRISE AGREEMENT 2012

Maritime industry
VICE PRESIDENT WATSON	SYDNEY, 18 FEBRUARY 2013

Application for approval of the Tideway and Australian Maritime Officers Union Offshore Oil and Gas Greenfield Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Tideway and Australian Maritime Officers Union Offshore Oil and Gas Greenfield Enterprise Agreement 2012 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Tideway B.V. and the Australian Maritime Officers’ Union (AMOU).

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the AMOU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 25 February 2013. The nominal expiry date of the Agreement is 31 July 2013.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tideway B.V. applied for approval of the Tideway and Australian Maritime Officers Union Offshore Oil and Gas Greenfield Enterprise Agreement 2012. The application was made in the Fair Work Commission (FWC) under the Fair Work Act 2009. The primary dispute centred on whether the agreement met the requirements for registration under the Act, particularly in relation to the negotiation process and the fairness of the terms.

The key legal issues before the FWC were whether the union and employer had genuinely bargained in good faith, and whether the terms of the agreement were fair. The FWC needed to examine the process by which the agreement was negotiated and consider if any procedural flaws or unfair practices occurred. Additionally, the FWC had to determine whether the agreement's terms provided a fair and reasonable outcome for the employees, considering their overall interests and welfare.

The FWC concluded that the agreement had been negotiated in good faith, finding no evidence of procedural flaws or unfair practices in the negotiation process. The FWC also found that the terms of the agreement were fair, taking into account the industry standards, economic conditions, and the overall interests of the employees. The FWC approved the agreement, emphasising its balanced approach to the needs of both the employer and the employees.

The FWC's decision was that the Tideway and Australian Maritime Officers Union Offshore Oil and Gas Greenfield Enterprise Agreement 2012 was approved for registration under the Fair Work Act 2009. The agreement was deemed to have been negotiated in good faith and to provide fair terms for the employees. The FWC's approval was based on a comprehensive assessment of the negotiation process and the substantive fairness of the agreement's terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established