East West Dive and Salvage

[2024] FWCA 1957

[2024] FWCA 1957

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

East West Dive and Salvage

(AG2024/1456)

EAST WEST DIVE & SALVAGE PTY LTD DIVING ENTERPRISE AGREEMENT 2023

Diving services
COMMISSIONER WILSON	MELBOURNE, 30 MAY 2024

Application for approval of the East West Dive & Salvage Pty Ltd Diving Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the East West Dive & Salvage Pty Ltd Diving Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by East West Dive and Salvage. The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2024. The nominal expiry date of the Agreement is 30 May 2025.

COMMISSIONER

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Annexure A