DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shelf Subsea Australia Pty Ltd T/A Shelf Subsea Australia
(AG2019/176)

SHELF SUBSEA AUSTRALIA PTY LTD DIVING ENTERPRISE AGREEMENT 2018

Diving services
COMMISSIONER LEE	MELBOURNE, 12 FEBRUARY 2019

Application for approval of the Shelf Subsea Australia Pty Ltd Diving Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Shelf Subsea Australia Pty Ltd Diving Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shelf Subsea Australia Pty Ltd T/A Shelf Subsea Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2019. The nominal expiry date of the Agreement is 15 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Shelf Subsea Australia Pty Ltd Diving Enterprise Agreement 2018. The applicant, Shelf Subsea Australia Pty Ltd trading as Shelf Subsea Australia, sought the Commission’s approval of the agreement under the Fair Work Act 2009. The primary issue was whether the agreement complied with the requirements of the Act and was in the best interests of the employees covered by the agreement.

The legal issues the Commission needed to resolve included whether the agreement provided for terms and conditions of employment that were fair and beneficial to the employees, whether it was appropriately certified, and if the process leading to the agreement was fair and in accordance with the statutory requirements. Additionally, the Commission considered whether the agreement appropriately balanced the interests of the employer and employees, particularly in terms of wages, hours of work, and other employment conditions.

In delivering its decision, the Commission found that the agreement met the statutory requirements for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions, was certified by an independent certifier, and was made through a process that was fair and in accordance with the Act. The Commission also noted that the agreement was in the best interests of the employees, providing them with fair wages and conditions while allowing the employer to operate effectively. The Commission approved the agreement, recognising its balance of interests between the parties and its compliance with the legislative framework.

The Fair Work Commission approved the Shelf Subsea Australia Pty Ltd Diving Enterprise Agreement 2018. This decision reflects the Commission’s finding that the agreement was fair, appropriately certified, and made through a process that complied with the Fair Work Act 2009. The approval signifies that the agreement appropriately balances the interests of both the employer and employees, providing them with fair and beneficial terms and conditions of employment.

Shelf Subsea Australia Pty Ltd T/A Shelf Subsea Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established