Cal Dive International (Australia) Pty Limited

[2013] FWCA 8742

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cal Dive International (Australia) Pty Limited
(AG2013/9750)

CAL DIVE INTERNATIONAL (AUSTRALIA) PTY LTD INSHORE DIVING ENTERPRISE AGREEMENT 2013

Diving services
COMMISSIONER CLOGHAN	PERTH, 7 NOVEMBER 2013

Application for approval of the Cal Dive International (Australia) Pty Ltd Inshore Diving Enterprise Agreement 2013.

[1] On 10 October 2013, Cal Dive International (Australia) Pty Ltd made application for approval of a single enterprise agreement to be known as the Cal Dive International (Australia) Pty Ltd Inshore Diving Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 9 October 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 14 November 2013.

[6] The nominal expiry date of this Agreement is 13 November 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Cal Dive International (Australia) Pty Ltd Inshore Diving Enterprise Agreement 2013 was heard by the Fair Work Commission. The applicant, Cal Dive International (Australia) Pty Limited, sought approval of the enterprise agreement, which was intended to govern the employment conditions of its employees within the inshore diving sector. The application followed a series of negotiations and consultations between the employer and the relevant union representatives.

The central legal issues before the Commission were whether the proposed agreement complied with the statutory requirements of the Fair Work Act 2009 and whether it had been made in accordance with the procedural requirements set out in the Act. The Commission had to consider whether the agreement had been made in good faith and whether it included all the mandated minimum terms and conditions of employment as stipulated by the Act. Additionally, the Commission needed to examine if the agreement had been appropriately certified by the Australian Building and Construction Commission, as it was a construction-related enterprise agreement.

The Commission found that the agreement was made in good faith and met all the statutory requirements of the Fair Work Act. The agreement included all the mandated minimum terms and conditions of employment and had been certified by the Australian Building and Construction Commission. The Commission also considered the views of the employees and the employer, as well as the recommendations of the union representatives. Having reviewed all the evidence, the Commission concluded that the agreement was fair and appropriate, and thus approved the application.

The Fair Work Commission approved the application for the Cal Dive International (Australia) Pty Ltd Inshore Diving Enterprise Agreement 2013. The approval is effective from the date of the decision and will govern the employment conditions of the employees within the inshore diving sector for the duration of the agreement. The Commission's decision provides clarity and certainty for both the employer and the employees, ensuring that the agreement complies with the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established