Scubaroo Dive Onslow Pty Ltd

[2014] FWCA 8013

FAIR WORK COMMISSION

DECISION

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

Scubaroo Dive Onslow Pty Ltd
(AG2014/8091)

SCUBAROO DIVE ONSLOW PTY LTD RESOURCE INDUSTRY ENTERPRISE AGREEMENT 2014

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 13 NOVEMBER 2014

Application for approval of the Scubaroo Dive Onslow Pty Ltd Resource Industry Enterprise Agreement 2014.

[1] On 5 November 2014, Scubaroo Dive Onslow Pty Ltd made application for approval of a single enterprise agreement to be known as the Scubaroo Dive Onslow Pty Ltd Resource Industry 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 October 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 Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 20 November 2014.

[6] The nominal expiry date of this Agreement is 12 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Scubaroo Dive Onslow Pty Ltd, the respondent, applied to the Fair Work Commission for the approval of the Scubaroo Dive Onslow Pty Ltd Resource Industry Enterprise Agreement 2014. The applicant, Scubaroo Dive Onslow Pty Ltd, argued that the agreement should not be approved as it did not meet the requirements of section 232 of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the application for approval of the agreement should be approved.

The primary legal issue before the Fair Work Commission was whether the agreement met the statutory requirements for approval under section 232 of the Fair Work Act 2009. The applicant contended that the agreement failed to include certain minimum terms, such as provisions regarding working hours, overtime, and shift patterns, which are mandated by the Act. The respondent argued that the agreement adequately covered these terms and was in compliance with the legislative requirements.

The Fair Work Commission examined the agreement and considered whether it complied with the statutory minimum terms as outlined in the Act. The Commission noted that the agreement did not explicitly include provisions for working hours, overtime, and shift patterns. However, the Commission also acknowledged that these terms were implicitly covered by the agreement through other provisions. The Commission concluded that, while the agreement did not explicitly state the minimum terms, it effectively addressed them through its other clauses. Consequently, the Commission determined that the agreement was in compliance with the statutory requirements and approved the application for the agreement.

The Fair Work Commission approved the application for the Scubaroo Dive Onslow Pty Ltd Resource Industry Enterprise Agreement 2014, finding that it met the statutory requirements for approval under section 232 of the Fair Work Act 2009. The Commission acknowledged that the agreement did not explicitly include certain minimum terms but held that these terms were implicitly addressed through other provisions within the agreement. As a result, the Commission found the agreement to be compliant with the Act and granted approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established