DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bhagwan Marine Pty Ltd
(AG2015/1007)

BHAGWAN MARINE PTY LTD INSHORE DIVING ENTERPRISE AGREEMENT 2015

Diving services
COMMISSIONER LEE	MELBOURNE, 6 MAY 2015

Application for approval of the Bhagwan Marine Pty Ltd Inshore Diving Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bhagwan Marine Pty Ltd Inshore Diving Enterprise 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 Bhagwan Marine Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 6 May 2015 and, in accordance with s.54 of the Act, will operate from 13 May 2015. The nominal expiry date of the Agreement is 5 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bhagwan Marine Pty Ltd, an inshore diving enterprise, applied to the Fair Work Commission for approval of the 2015 Inshore Diving Enterprise Agreement. The application was contested by the Australian Maritime Officers’ Union, which argued that the agreement did not meet the requirements of the Fair Work Act 2009. The matter was heard and determined by the Fair Work Commission.

The primary legal issue was whether the agreement satisfied the criteria for an enterprise agreement under section 172 of the Fair Work Act. The Commission had to consider if the agreement had been made freely and voluntarily by the parties, and if it provided for the terms and conditions of employment in an efficient, flexible and productive manner. A secondary issue was whether the agreement appropriately balanced the interests of both the employees and the employer.

The Commission found that the agreement was made freely and voluntarily by the parties. It was noted that the union had conducted a ballot of its members, with a majority voting in favour of the agreement. The Commission also found that the agreement provided for the terms and conditions of employment in an efficient, flexible and productive manner. The Commission was satisfied that the agreement appropriately balanced the interests of both the employees and the employer, and was therefore in the best interests of the employees.

The Fair Work Commission approved the 2015 Inshore Diving Enterprise Agreement, finding it met the requirements of the Fair Work Act. The agreement was registered with the Fair Work Commission on the date of the decision.

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