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

[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

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).

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.

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.

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

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.
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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Jetwave Marine Services Pty Ltd, acting as trustee for The Jetwave Marine Services Unit Trust, seeking approval for the Jetwave Marine & MUA Offshore Diving Greenfields Agreement 2024. The Federal Court was tasked with determining whether the proposed agreement was in the best interests of the unitholders. The applicants argued that the agreement would provide significant economic benefits and opportunities for the trust, while the respondents contended that the agreement was not in the best interests of the unitholders and raised concerns about potential conflicts of interest and the adequacy of the consideration offered.

The primary legal issue before the court was whether the agreement was in the best interests of the unitholders. This required the court to consider the terms of the proposed agreement, the economic benefits it would bring, and whether there were any conflicts of interest that would prejudice the unitholders. The court also had to assess whether the consideration offered was fair and reasonable.

In determining the matter, the court examined the evidence provided by both parties, including expert financial reports and submissions on the potential economic benefits of the agreement. The court found that the agreement would indeed provide substantial economic benefits to the trust and its unitholders. It also concluded that there were no conflicts of interest that would prejudice the unitholders and that the consideration offered was fair and reasonable. The court therefore approved the agreement, finding that it was in the best interests of the unitholders.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established