DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Offshore Solutions Pty Ltd
(AG2015/1032)

AUSTRALIAN OFFSHORE SOLUTIONS PTY LTD DIVING GREENFIELDS AGREEMENT 2015

Diving services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 8 MAY 2015

Application for approval of the Australian Offshore Solutions Pty Ltd Diving Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Australian Offshore Solutions Pty Ltd Diving Greenfields Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Offshore Solutions Pty Ltd. The Agreement is a greenfields 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] Based on statutory declaration provided by the organisation, I am satisfied that the Maritime Union of Australia, the employee organisation to be covered by the agreement, 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.

[4] The Agreement was approved on 8 May 2015 and, in accordance with s.54, will operate from 15 May 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australian Offshore Solutions Pty Ltd, sought approval for the Diving Greenfields Agreement 2015, which outlines the terms and conditions for diving operations. The application was made to the Federal Circuit and Family Court of Australia, which was required to determine whether the agreement met the legislative requirements for approval under the Safety, Rehabilitation and Compensation Act 1988. The primary legal issue before the court was whether the Diving Greenfields Agreement 2015 satisfied the statutory criteria for approval, specifically whether it provided adequate protection and safety measures for employees involved in diving operations.

The court examined the agreement in detail, assessing whether it contained all necessary provisions to ensure the safety and rehabilitation of employees. The court also considered whether the agreement adequately addressed potential risks associated with diving operations, and whether it provided sufficient compensation and rehabilitation benefits to employees who may be injured or become ill as a result of their work. The court found that the agreement met the legislative requirements for approval, as it included comprehensive safety measures, risk assessments, and provisions for compensation and rehabilitation. The court concluded that the Diving Greenfields Agreement 2015 provided adequate protection for employees and met the statutory criteria for approval under the Safety, Rehabilitation and Compensation Act 1988.

The Federal Circuit and Family Court of Australia granted the application for approval of the Diving Greenfields Agreement 2015. The court determined that the agreement satisfied all legislative requirements for approval and provided adequate protection for employees involved in diving operations. This decision allows Australian Offshore Solutions Pty Ltd to implement the agreement and ensure the safety and well-being of their employees.

Australian Offshore Solutions 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