DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Canyon Offshore Inc
(AG2015/1345)

CANYON OFFSHORE INC REMOTELY OPERATED VEHICLE (ROV), TRENCHING & GEOTECHNICAL ENTERPRISE AGREEMENT 2015

Miscellaneous
COMMISSIONER LEE	MELBOURNE, 15 JUNE 2015

Application for approval of the Canyon Offshore Inc Remotely Operated Vehicle (ROV), Trenching & Geotechnical Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Canyon Offshore Inc Remotely Operated Vehicle (ROV), Trenching & Geotechnical 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 Canyon Offshore Inc. 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 15 June 2015 and, in accordance with s.54 of the Act, will operate from 22 June 2015. The nominal expiry date of the Agreement is 14 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

Canyon Offshore Inc applied for approval of an enterprise agreement. The Fair Work Commission was required to determine whether the agreement should be approved. The legal issues centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly sections 232 and 233. The agreement was to cover employees engaged in remotely operated vehicle (ROV), trenching and geotechnical work for Canyon Offshore Inc.

The Commission noted that the agreement had been negotiated in good faith and involved a majority of employees. It also found that the agreement did not lead to the detriment of employees by reducing their overall pay and conditions. The Commission considered that the agreement provided for a fair and efficient workplace, with appropriate dispute resolution processes. It concluded that the agreement met the criteria for approval under the Fair Work Act.

Accordingly, the Commission approved the Canyon Offshore Inc Remotely Operated Vehicle (ROV), Trenching & Geotechnical Enterprise Agreement 2015. The agreement would now apply to the relevant employees and employers. The approval was subject to the usual conditions, including the requirement to provide a copy of the agreement to the Fair Work Ombudsman.

Canyon Offshore Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established