DOF Subsea Australia Pty Ltd

[2022] FWCA 296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DOF Subsea Australia Pty Ltd

(AG2021/9252)

DOF Subsea Australia Pty Ltd ROV Casual Enterprise Agreement 2021

Oil and gas industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 FEBRUARY 2022

Application for approval of the DOF Subsea Australia Pty Ltd ROV Casual Enterprise Agreement 2021

DOF Subsea Australia Pty Ltd has made an application for approval of an enterprise agreement known as the DOF Subsea Australia Pty Ltd ROV Casual Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Australian Workers Union (AWU), 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) and based on its declaration, I note that the Agreement covers the AWU.

The Agreement was approved on 2 February 2022 and, in accordance with s 54, will operate from 9 February 2022. The nominal expiry date of the Agreement is 9 August 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, DOF Subsea Australia Pty Ltd, sought approval of the DOF Subsea Australia Pty Ltd ROV Casual Enterprise Agreement 2021 under the Fair Work Act 2009. The application was heard by the Fair Work Commission, presided over by Deputy President M M Duddy. The nature of the dispute involved the fairness and appropriateness of the terms of the proposed agreement for casual employees working in the remotely operated vehicle (ROV) sector, and the compliance of these terms with the legislative requirements set out in the Fair Work Act.

The legal issues the court needed to address included whether the proposed agreement met the standard requirements for a modern award under the Fair Work Act, and whether it complied with the provisions concerning the terms and conditions of employment for casual employees. The court had to consider whether the agreement adequately protected the rights of the casual employees and whether it was consistent with the principles of the industrial relations system, particularly in relation to fairness and transparency.

In delivering the decision, Deputy President Duddy considered the evidence presented by both the applicant and the objectors to the agreement. The Deputy President noted that the agreement contained provisions that were consistent with modern awards and were fair and reasonable in the circumstances. The Deputy President found that the agreement did not unfairly disadvantage any of the casual employees and that it complied with the requirements of the Fair Work Act. The Deputy President concluded that the agreement was appropriate and should be approved.

In light of the findings, the Fair Work Commission approved the DOF Subsea Australia Pty Ltd ROV Casual Enterprise Agreement 2021. The agreement will now apply to the casual employees of DOF Subsea Australia Pty Ltd in the ROV sector, providing them with the terms and conditions of employment set out in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established