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austlii:cth/FWCA/2022/4193
procedural. The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act 2009. The nominal expiry date of the Agreement is 28 November 2026.
The Fair Work Commission approved a greenfields enterprise agreement between OSM Australia Pty Ltd and the Australian Workers Union (AWU) covering casual ROV (Remotely Operated Vehicle) workers in the maritime industry. The Commission was satisfied that all statutory requirements were met, including that the AWU was entitled to represent the majority of employees to be covered, and that approval was in the public interest. The Maritime Union of Australia, which was consulted, indicated it had no interest in the agreement. The agreement was approved with a nominal expiry date of 28 November 2026.
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1 cited instrument linked from this judgment.
s.185 - Enterprise agreement
OSM AUSTRALIA PTY LTD ROV CASUAL ENTERPRISE AGREEMENT 2022
Application for approval of the OSM Australia Pty Ltd ROV Casual Enterprise Agreement 2022
[1] An application has been made for approval of an enterprise agreement known as the OSM Australia Pty Ltd ROV Casual Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by OSM Australia Pty Ltd (the Applicant).
[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.
[3] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
[4] In accordance with s. 187(5)(a) of the Act, I am satisfied that the Australian Workers Union (AWU) 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.
[5] The views of the Maritime Union of Australia (MUA) were sought and on 29 November 2022, the MUA advised that they had no interest in the Agreement.
[6] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AWU and that the Agreement covers this organisation.
[7] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 28 November 2026.

Printed by authority of the Commonwealth Government Printer
The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act 2009. The nominal expiry date of the Agreement is 28 November 2026.