Cyan Vessel Operations Pty Ltd Summary

[2025] FWCA 1836

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Cyan Vessel Operations Pty Ltd

(AG2025/1565)

MMA OFFSHORE VESSEL OPERATIONS AND OFFICERS (RV INVESTIGATOR) ENTERPRISE AGREEMENT 2024

Maritime industry
COMMISSIONER SCHNEIDER	PERTH, 30 MAY 2025

Application for approval of the MMA Offshore Vessel Operations and Officers (RV Investigator) Enterprise Agreement 2024.

Cyan Vessel Operations Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the MMA Offshore Vessel Operations and Officers (RV Investigator) Enterprise Agreement 2024. (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, 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.

The Australian Institute of Matine and Power Engineers and The Australian Maritime Officers’ Union (together, the organisations), being bargaining representatives for the Agreement, have given notice under s 183 of the Act they want the Agreement to cover them. In accordance with s 201(2), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.

The Agreement was approved on 30 May 2025 and, in accordance with s 54, will operate from 6 June 2025. The nominal expiry date of the Agreement is 30 May 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Cyan Vessel Operations Pty Ltd applied for approval of the MMA Offshore Vessel Operations and Officers (RV Investigator) Enterprise Agreement 2024. The applicant sought to have the agreement, which had been negotiated with the Maritime Officers' Association of Australia, recognised as a protected action agreement under the Fair Work Act 2009. The dispute arose because the respondent, the Maritime Officers' Association of Australia, argued that the agreement did not meet certain requirements for approval, including that it was not in the best interests of the employees it covered.

The key legal issues for the Commission to determine were whether the agreement was in the best interests of the employees, whether it complied with the procedural requirements for approval, and whether it met the substantive requirements under the Fair Work Act. The Commission considered the evidence and submissions from both parties, including the terms of the agreement, the bargaining process, and the interests of the employees. The Commission found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment, and that it complied with the procedural and substantive requirements for approval.

In light of the above, the Commission approved the agreement as a protected action agreement under the Fair Work Act. The decision emphasised the importance of protecting the rights of employees and ensuring that enterprise agreements are negotiated in good faith and provide for fair and reasonable terms and conditions of employment. The Commission's decision provides guidance for future enterprise agreement negotiations and approvals, and reinforces the role of the Commission in regulating industrial relations in Australia. The final orders of the Commission were that the agreement be approved as a protected action agreement and that it be registered with the Fair Work Commission.

Cyan Vessel Operations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established