Neptune Diving Services Pty Ltd

[2014] FWCA 7998

[2014] FWCA 7998

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

Neptune Diving Services Pty Ltd
(AG2014/7719)

NEPTUNE DIVING SERVICES PTY LTD GORGON LNG INSHORE DIVING PROJECT AGREEMENT 2013

Diving services
COMMISSIONER CLOGHAN	PERTH, 13 NOVEMBER 2014

Application for variation of the Neptune Diving Services Pty Ltd Gorgon LNG Inshore Diving Project Agreement 2013.

[1] On 1 October 2014, Neptune Diving Services Pty Ltd (Applicant) made application to the Fair Work Commission (Commission) to vary the Neptune Diving Services Pty Ltd Gorgon LNG Inshore Diving Project Agreement 2013 (Agreement) pursuant to s.217 of the Fair Work Act 2009 (FW Act).

[2] The application was the subject of a conference on 11 November 2014. The conference was attended, in person, by the Applicant’s representatives and Mr C Sain, who attended by telephone. Mr Sain was the appointed bargaining representative who signed the Agreement on behalf of the employees in the first instance.

[3] Mr Sain was aware of, and the reasons for, the application. Mr Sain agreed to the variation and described it as an “administrative error”.

[4] Accordingly, further to Decision [2014] FWCA 186 issued by the Commission on 21 January 2014 and a conference on 11 November 2014 into application AG12014/7719, the Neptune Diving Services Pty Ltd Gorgon LNG Inshore Diving Project Agreement 2013 is varied, pursuant to s.217 of the FW Act, by amending the table heading in subclause 10.4 from “Flat Hourly Rate” to “Flat Daily Rate”.

[5] The variation operates from 13 November 2014.

[6] A consolidated version of the Agreement, as varied, is attached to this Decision.

COMMISSIONER

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