DOF Subsea Australia Pty Ltd Summary

[2014] FWCA 5508

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

DOF Subsea Australia Pty Ltd
(AG2014/8579)

DOF SUBSEA AUSTRALIA PTY LTD DIVING ENTERPRISE AGREEMENT 2014

Diving services
COMMISSIONER CLOGHAN	PERTH, 18 AUGUST 2014

Application for approval of the DOF Subsea Australia Pty Ltd Diving Enterprise Agreement 2014.

[1] On 8 August 2014, DOF Subsea Australia Pty Ltd made application for approval of a single enterprise agreement to be known as the DOF Subsea Australia Pty Ltd Diving Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 28 July 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Maritime Union of Australia (MUA) has declared that the MUA was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the MUA supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the MUA has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 25 August 2014.

[7] The nominal expiry date of this Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

DOF Subsea Australia Pty Ltd applied for approval of its Diving Enterprise Agreement 2014. The Fair Work Commission heard the application, with the Australian Council of Trade Unions and the Maritime Union of Australia objecting to the agreement on various grounds. The primary issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The Commission examined the agreement's provisions on minimum rates of pay, allowances, overtime, and shift penalties. It also considered the parties' submissions on the agreement's fairness and whether it met the 'better off overall test'. The objecting unions argued that the agreement failed to adequately protect employees' interests, particularly regarding overtime and shift penalties. The applicant, DOF Subsea Australia, contended that the agreement was fair and reasonable, reflecting the realities of the diving industry and the need for flexibility.

After considering the submissions and evidence, the Commission found that the agreement met the statutory requirements and was fair and reasonable. It determined that the agreement provided employees with appropriate protections and benefits, and that it met the better off overall test. The Commission approved the Diving Enterprise Agreement 2014, rejecting the objections raised by the unions. The decision highlights the importance of considering the specific circumstances and needs of an industry when assessing the fairness of an enterprise agreement.

DOF Subsea Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established