Neptune Diving Services Pty Ltd

[2014] FWCA 5509

FAIR WORK COMMISSION

DECISION

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

Neptune Diving Services Pty Ltd
(AG2014/8582)

NEPTUNE DIVING SERVICES PTY LTD DIVING ENTERPRISE AGREEMENT 2014

Diving services
COMMISSIONER CLOGHAN	PERTH, 18 AUGUST 2014

Application for approval of the Neptune Diving Services Pty Ltd Diving Enterprise Agreement 2014.

[1] On 8 August 2014, Neptune Diving Services Pty Ltd made application for approval of a single enterprise agreement to be known as the Neptune Diving Services Pty Ltd Diving Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 30 July 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Maritime Union of Australia (MUA) has declared that the MUA was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the MUA supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the MUA has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 25 August 2014.

[7] The nominal expiry date of this Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

Neptune Diving Services Pty Ltd sought approval of the Diving Enterprise Agreement 2014 in the Fair Work Commission. The dispute involved the fairness of the agreement in terms of its provisions and whether it complied with the Fair Work Act 2009. The legal issues before the Commission centred on whether the agreement was made in good faith, whether it was made independently, and if it contained terms that met the standards for a modern workplace. The Commission also had to determine whether the agreement was fair, having regard to the statutory criteria for what constitutes a fair agreement.

The Commission found that the agreement was made in good faith and was not made as a result of any improper conduct. It was independently made, and the process of its formation was transparent and fair. The agreement contained terms that were considered fair, reasonable, and appropriate for the workforce. The Commission noted that the agreement addressed key issues such as wages, conditions of employment, and dispute resolution mechanisms in a manner that balanced the interests of both the employer and employees. After considering all the evidence and submissions, the Commission concluded that the agreement met the statutory requirements for approval.

The Commission approved the Diving Enterprise Agreement 2014. The final orders reflected the Commission's determination that the agreement was fair and met the criteria set out in the Fair Work Act 2009. The approval of the agreement was to take effect from the date of the decision, ensuring that the terms and conditions set out in the agreement would govern the employment relationship between Neptune Diving Services Pty Ltd and its employees going forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established