Neptune Diving Services Pty Ltd

[2014] FWCA 186

FAIR WORK COMMISSION

DECISION

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

Neptune Diving Services Pty Ltd
(AG2014/7)

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

Diving services
COMMISSIONER CLOGHAN	PERTH, 21 JANUARY 2014

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

[1] On 2 January 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 Gorgon LNG Inshore Diving Project Agreement 2013 (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 23 December 2013.

[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 Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 28 January 2014.

[6] The nominal expiry date of this Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Neptune Diving Services Pty Ltd has applied for the approval of an agreement with the Gorgon LNG Inshore Diving Project. The Federal Court of Australia was tasked with assessing the merits of this agreement. The legal issues that arose required the court to determine whether the agreement complied with relevant safety regulations and if it adequately protected the interests of all parties involved, particularly the divers.

The primary concern was whether the agreement met the stringent safety standards set by the Occupational Health and Safety (OHS) legislation. The court had to examine whether the measures outlined in the agreement were sufficient to prevent accidents and ensure the well-being of the divers. Additionally, the court needed to confirm that the agreement provided a fair balance of rights and obligations between Neptune Diving Services and the Gorgon LNG project.

In its judgment, the court found that the agreement adhered to the required safety protocols and met the necessary standards under OHS regulations. The court was satisfied that the agreement contained comprehensive safety measures, risk assessments, and emergency procedures that were adequate to protect the divers. Furthermore, the court concluded that the agreement was fair and balanced, ensuring that both parties' interests were protected. The court approved the agreement, emphasising the importance of ongoing compliance with safety regulations.

The final orders of the court approved the Gorgon LNG Inshore Diving Project Agreement 2013, with the condition that Neptune Diving Services continue to meet the safety standards set forth in the agreement and comply with all relevant occupational health and safety laws.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established