DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DOF Subsea Australia Pty Ltd
(AG2019/2499)

DOF SUBSEA AUSTRALIA PTY LTD DIVING GREENFIELDS AGREEMENT 2019

Diving services
DEPUTY PRESIDENT BEAUMONT	PERTH, 22 AUGUST 2019

Application for approval of the DOF Subsea Australia Pty Ltd Diving Greenfields Agreement 2019.

[1] DOF Subsea Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the DOF Subsea Australia Pty Ltd Diving Greenfields Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and the Agreement covers this organisation.

[5] The Agreement was approved on 22 August 2019 and, in accordance with s 54, will operate from 29 August 2019. The nominal expiry date of the Agreement is 28 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DOF Subsea Australia Pty Ltd applied to the Fair Work Commission for approval of the DOF Subsea Australia Pty Ltd Diving Greenfields Agreement 2019. The applicants sought to have the agreement, which was intended to cover a range of employees engaged in diving activities, approved as an enterprise agreement. The Commission was required to determine if the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements for enterprise agreements. This included whether the agreement was made in good faith, whether it was certified as meeting the minimum terms and conditions, and whether it complied with the coverage, scope, and content provisions of the Act. The Commission also had to consider whether the agreement met the public interest test and whether the application for approval was properly made.

In making its determination, the Commission noted that the agreement had been certified as meeting the minimum terms and conditions and was accompanied by a Notice of Certification. The Commission found that the agreement was made in good faith and met the coverage, scope, and content requirements of the Act. The Commission also found that the agreement was in the public interest, having regard to the need to facilitate the conduct of the applicants' business and the impact of the agreement on the employees. The Commission concluded that the agreement met all the requirements for approval and granted the application for approval.

The Commission approved the DOF Subsea Australia Pty Ltd Diving Greenfields Agreement 2019 as an enterprise agreement. The agreement is now registered and will apply to the employees covered by its terms. The approval of the agreement will provide a framework for the parties to manage their workplace relations and ensure that the employees are protected by the minimum terms and conditions set out in the agreement.

DOF Subsea Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established