DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Neptune Diving Services Pty Ltd
(AG2016/1231)

NDS ROV ENTERPRISE AGREEMENT 2016

Maritime industry
COMMISSIONER ROE	MELBOURNE, 22 JULY 2016

Application for approval of the NDS ROV Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the NDS ROV Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Neptune Diving Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 22 July 2016 and, in accordance with s.54, will operate from 29 July 2016. The nominal expiry date of the Agreement is 22 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Neptune Diving Services Pty Ltd (NDS) applied for the approval of the NDS ROV Enterprise Agreement 2016. The application was brought before the Fair Work Commission (FWC) by the applicant, the Australian Building and Construction Commission (ABCC), which sought to have the agreement approved under the Fair Work Act 2009 (Cth). The agreement had been negotiated between the parties, but the ABCC sought its approval due to concerns about its compliance with the Fair Work Act.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and if it was in the interests of the employees. The key points of contention were related to the provisions concerning the classification and rates of pay for the employees. The ABCC argued that the agreement did not adequately protect the employees' rights and interests, particularly with respect to the classification and remuneration of the ROV technicians.

In determining the application, the Commission considered the provisions of the Fair Work Act and the principles of fairness and reasonableness. The FWC found that the agreement was generally in the interests of the employees and that it complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was negotiated in good faith. The Commission approved the agreement, subject to certain modifications to address the ABCC's concerns. These modifications related primarily to the classification and rates of pay for the ROV technicians.

The Commission's final orders included the approval of the NDS ROV Enterprise Agreement 2016, subject to the modifications made to the classification and remuneration provisions. The agreement was approved with the changes to ensure that the employees' rights and interests were adequately protected. The modifications were designed to address the ABCC's concerns and to ensure that the agreement complied with the Fair Work Act. The Commission's decision provides guidance on the requirements for approving enterprise agreements under the Fair Work Act, and the principles that must be considered in making such approvals.

Neptune Diving Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established