DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bhagwan Marine Pty Ltd
(AG2015/4497)

BHAGWAN MARINE PTY LTD OFFSHORE DIVING GREENFIELDS AGREEMENT 2015

Diving services
COMMISSIONER ROE	MELBOURNE, 3 SEPTEMBER 2015

Application for approval of the Bhagwan Marine Pty Ltd Offshore Diving Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the Bhagwan Marine Pty Ltd Offshore Diving Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bhagwan Marine Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Maritime Union of Australia 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 does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with The Maritime Union of Australia and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 10 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bhagwan Marine Pty Ltd recently sought approval for the Offshore Diving Greenfields Agreement 2015 from the Fair Work Commission. This application was made by the company, seeking to formalise specific terms and conditions for offshore diving operations. The Commission was tasked with examining whether the agreement provided for fair and reasonable terms for the employees involved. The dispute arose primarily around the specific conditions outlined in the agreement and their compliance with the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed terms in the agreement adequately protected the employees' rights and whether they were fair and reasonable as required by the Fair Work Act. The Commission needed to assess the balance of the agreement in terms of employee rights, obligations, and the overall fairness of the terms stipulated. This assessment involved scrutiny of the provisions related to hours of work, leave entitlements, and the overall working conditions for offshore diving employees.

The Fair Work Commission determined that while the agreement contained many fair terms, some provisions were not sufficiently protective of employee rights. The Commission highlighted that the agreement did not adequately address certain leave entitlements, which was a critical point of contention. Consequently, the Commission decided to not approve the agreement as it stood, but instead invited further negotiations between the parties to address these deficiencies. This approach aimed to ensure that the final agreement would be fair and reasonable, meeting the requirements of the Fair Work Act.

Bhagwan Marine 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