Neptune Diving Services Pty Ltd

[2013] FWCA 6412

FAIR WORK COMMISSION

DECISION

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

Neptune Diving Services Pty Ltd
(AG2013/8673)

NDS ICHTHYS INSHORE AGREEMENT 2013

Diving services
COMMISSIONER CLOGHAN	PERTH, 2 SEPTEMBER 2013

Application for approval of the NDS Ichthys Inshore Agreement 2013.

[1] On 22 August 2013, Neptune Diving Services Pty Ltd made application for approval of a single enterprise agreement to be known as the NDS Ichthys Inshore Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 16 August 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 9 September 2013.

[6] The nominal expiry date of this Agreement is 8 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Neptune Diving Services Pty Ltd sought approval of the NDS Ichthys Inshore Agreement 2013 from the Fair Work Commission. The agreement, which was to be applied to the workforce employed at the Ichthys Project, was submitted to the Commission for its consideration and endorsement under the Fair Work Act 2009. The application for approval arose from the necessity to formalise employment terms between the employer and its employees within the framework of the Fair Work Act.

The legal issues before the Commission centred on whether the proposed agreement met the statutory criteria for an enterprise agreement, including whether it complied with the good faith bargaining requirements and whether it provided for proper consultation and negotiation with the employees. The Commission also needed to determine if the agreement adequately covered all the necessary matters, including pay, classification, and other terms and conditions of employment, and if it was fair and reasonable in all respects.

In deliberating on the matter, the Commission examined the content of the agreement, the process of its negotiation, and the consultation undertaken with the employees. It was established that the agreement was the product of genuine and meaningful negotiations between the parties. The Commission found that the agreement comprehensively covered all the required matters and adhered to the principles of good faith bargaining. Moreover, the agreement was deemed to be fair and reasonable, providing adequate protections for the employees while also addressing the employer’s needs. The Commission approved the agreement, recognising its compliance with the statutory requirements and its balance of interests between the employer and the employees.

As a result of the approval, the NDS Ichthys Inshore Agreement 2013 was endorsed and will apply to the employees of Neptune Diving Services Pty Ltd engaged in the Ichthys Project, thereby formalising their employment terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established