Maersk H2S Safety Services Australia Pty Ltd

[2014] FWCA 2522

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Maersk H2S Safety Services Australia Pty Ltd T/A Maersk H2S
(AG2014/634)
MAERSK H2S ENTERPRISE AGREEMENT 2014
Oil and gas industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 15 APRIL 2014
Application for approval of the Maersk H2S Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the

Maersk H2S Enterprise Agreement 2014 (the Agreement). The application was made pursuant

to s.185 of the Fair Work Act 2009 (the Act). It has been made by Maersk H2S Safety
Services Australia Pty Ltd T/A Maersk H2S. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are

relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

11 May 2014. The nominal expiry date of the Agreement is 11 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Maersk H2S Safety Services Australia Pty Ltd, Deputy President Booth was tasked with considering an application for the approval of the Maersk H2S Enterprise Agreement 2014. The applicant, Maersk H2S Safety Services Australia Pty Ltd trading as Maersk H2S, sought approval of this agreement under section 185 of the Fair Work Act 2009. The agreement, which pertains to the oil and gas industry, is a single-enterprise agreement.

The primary legal issues for determination were whether the application complied with the provisions of sections 186, 187, and 188 of the Fair Work Act 2009, which are relevant to the approval process for enterprise agreements. These sections outline the requirements for the application, including the necessity for proper notice, the right of employees to be represented, and the agreement's compliance with the Act's objectives.

After reviewing the application and related documents, Deputy President Booth concluded that all necessary requirements were met. Consequently, the Maersk H2S Enterprise Agreement 2014 was approved and would come into effect on 11 May 2014. The nominal expiry date of the agreement is set for 11 May 2017. This decision ensures that the terms of the agreement are legally binding and enforceable for the specified duration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established