Cal Dive International (Australia) Pty Limited

[2013] FWCA 2164

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cal Dive International (Australia) Pty Limited
(AG2013/355)

CAL DIVE INTERNATIONAL (AUSTRALIA) PTY LIMITED - EAST COAST OPERATIONS CASUAL ROV ENTERPRISE AGREEMENT 2013

Maritime industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 10 APRIL 2013

Application for approval of the Cal Dive International (Australia) Pty Limited - East Coast Operations Casual ROV Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cal Dive International (Australia) Pty Limited - East Coast Operations Casual ROV Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cal Dive International (Australia) Pty Limited. The agreement is a single-enterprise agreement.

[2] The Australian Maritime Officers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2013. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Cal Dive International (Australia) Pty Limited, the employer, and the Maritime Union of Australia, the employee representative. The dispute centred on the approval of the Cal Dive International (Australia) Pty Limited - East Coast Operations Casual ROV Enterprise Agreement 2013. The application for approval of the agreement was heard by the Commission, which needed to determine whether the agreement met the necessary criteria under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement had been made in accordance with the requirements of the Act, and whether it contained the essential terms and conditions as required by the law. The Commission had to consider the bargaining process, the negotiation of the agreement, and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission needed to ensure that the agreement did not adversely affect employees' rights and protections under the Fair Work Act.

The Commission found that the agreement had been made in good faith and that the bargaining process was conducted appropriately. The agreement was found to contain the essential terms and conditions as required by the Act, including provisions for wages, hours of work, and other conditions of employment. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and did not adversely affect employees' rights and protections under the Act. Consequently, the Commission approved the agreement, finding it to be a genuinely agreed upon and fair enterprise agreement.

The Fair Work Commission approved the Cal Dive International (Australia) Pty Limited - East Coast Operations Casual ROV Enterprise Agreement 2013, deeming it to be a genuine and fair agreement that met the necessary criteria under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established