Integrated Subsea Services (Australia) Pty Ltd
[2009] FWA 350
•21 SEPTEMBER 2009
[2009] FWA 350 |
|
DECISION |
Fair Work Act 2009
s.185—Approval of enterprise agreement
(AG2009/899)
INTEGRATED SUBSEA SERVICES DIVING (AUSTRALIA) GREENFIELDS DIVING AGREEMENT 2009
Diving services | |
SENIOR DEPUTY PRESIDENT HARRISON | SYDNEY, 21 SEPTEMBER 2009 |
Application for approval of the Integrated Subsea Services Diving (Australia) Greenfields Diving Agreement 2009.
[1] An application has been made for approval of an enterprise agreement known as the Integrated Subsea Services Diving (Australia) Greenfields Diving Agreement 2009 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise greenfields agreement. It has been made by Integrated Subsea Services (Australia) Pty Ltd and the Maritime Union of Australia (MUA).
[2] The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.
[3] I have considered the matters contained in the employer declaration and the declaration made on behalf of the employee organisation which will be covered by the Agreement. I also rely on the submissions made on 21 September 2009 relating to why it would be in the public interest for the Agreement to be approved.
[4] I am satisfied that each of the requirements of ss.186 and 187 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 MUA 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.
[5] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.
[6] The Agreement is approved and, in accordance with s.54, will operate from 28 September 2009. The nominal expiry date of the Agreement is 31 December 2009.
SENIOR DEPUTY PRESIDENT
1 Item 2, Part 1, of Schedule 2.
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