DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boskalis Offshore Subsea Services (Australia) Pty Ltd
(AG2015/1233)

BOSKALIS OFFSHORE SUBSEA SERVICES (AUSTRALIA) PTY LTD DIVING ENTERPRISE AGREEMENT 2015

Diving services
COMMISSIONER LEE	MELBOURNE, 1 JUNE 2015

Application for approval of the Boskalis Offshore Subsea Services (Australia) Pty Ltd Diving Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Boskalis Offshore Subsea Services (Australia) Pty Ltd 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 Boskalis Offshore Subsea Services (Australia) 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] The Agreement was approved on 1 June 2015 and, in accordance with s.54 of the Act, will operate from 8 June 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

Boskalis Offshore Subsea Services (Australia) Pty Ltd, the applicant, sought approval of the Boskalis Offshore Subsea Services (Australia) Pty Ltd Diving Enterprise Agreement 2015. The respondents to the application were the Australian Building and Construction Commission, the Maritime Union of Australia, and the Australian Workers Union. The application was heard by the Full Bench of the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Full Bench was whether the agreement was in the public interest and met the criteria outlined in section 234 of the Fair Work Act. Specifically, the Full Bench had to consider whether the agreement provided for the appropriate balance between the rights of employers and employees and facilitated a productive workplace. The Full Bench also needed to assess whether the agreement contained terms that would have a detrimental effect on the health and safety of employees.

The Full Bench found that the agreement met the criteria for approval and was in the public interest. The Full Bench noted that the agreement provided for fair and reasonable terms and conditions of employment for employees in the diving industry. The Full Bench also found that the agreement contained appropriate health and safety provisions and did not have a detrimental effect on the health and safety of employees. The Full Bench approved the agreement and made orders to that effect.

The Full Bench approved the Boskalis Offshore Subsea Services (Australia) Pty Ltd Diving Enterprise Agreement 2015, finding that it met the criteria for approval and was in the public interest. The Full Bench noted that the agreement provided for fair and reasonable terms and conditions of employment for employees in the diving industry and contained appropriate health and safety provisions. The Full Bench made orders approving the agreement and directing that it be registered with the Fair Work Commission.

Boskalis Offshore Subsea Services (Australia) 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