Jetwave Marine Services Pty Ltd as The Trustee for The Jetwave Marine Services Unit Trust

[2024] FWCA 4449

[2024] FWCA 4449

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jetwave Marine Services Pty Ltd as The Trustee for The Jetwave Marine Services Unit Trust

(AG2024/4063)

JETWAVE MARINE & MUA OFFSHORE DIVING GREENFIELDS AGREEMENT 2024

Maritime industry
DEPUTY PRESIDENT O’KEEFFE	PERTH, 13 DECEMBER 2024

Application for approval of the Jetwave Marine & MUA Offshore Diving Greenfields Agreement 2024

1. An application has been made for approval of a greenfields agreement known as the Jetwave Marine & MUA Offshore Diving Greenfields Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jetwave Marine Services Pty Ltd (the Applicant).

1. 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 and Maritime Employees Union - The Maritime Union of Australia Division (the CFMEU) 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.

1. The CFMEU were a bargaining representative, and the Agreement has been made with CFMEU. As such, pursuant to s.53(2)(b) and s.201(2A) of the Act I note that the Agreement covers CFMEU.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. As the Agreement does not include a delegates’ rights term, pursuant to s.205A of the Act the delegates’ rights term from Clause 19A of the Professional Diving Industry (Industrial) Award 2020 will be taken to be a term of the Agreement.

2. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2024. The nominal expiry date of the Agreement is 30 March 2028.

DEPUTY PRESIDENT

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