DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Subsea 7 Australia Contracting Pty Ltd
(AG2015/4288)

SUBSEA 7 AUSTRALIA CONTRACTING PTY LTD GREENFIELDS DIVING ENTERPRISE AGREEMENT 2015

Diving services
COMMISSIONER ROE	MELBOURNE, 17 AUGUST 2015

Application for approval of the Subsea 7 Australia Contracting Pty Ltd Greenfields Diving Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the Subsea 7 Australia Contracting Pty Ltd Greenfields Diving Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Subsea 7 Australia Contracting Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Maritime Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Maritime Union of Australia and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 24 August 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Subsea 7 Australia Contracting Pty Ltd, sought approval of the Subsea 7 Australia Contracting Pty Ltd Greenfields Diving Enterprise Agreement 2015 under section 232 of the Fair Work Act 2009. The applicants argued that the agreement would promote harmonious, productive and cooperative workplace relations, and provide appropriate flexibility and efficiency in the workplace. The respondents, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMU) and Maritime Union of Australia (MUA), opposed the application, contending that the agreement failed to provide for appropriate minimum rates of pay, and failed to provide for adequate protection against adverse action. The applicants sought to have the agreement approved by the Fair Work Commission (FWC) under section 232 of the Fair Work Act. The dispute before the FWC concerned whether the proposed enterprise agreement met the criteria for approval under section 232 of the Fair Work Act. The FWC found that the agreement promoted harmonious, productive and cooperative workplace relations, and provided appropriate flexibility and efficiency in the workplace. The FWC noted that the agreement provided for minimum rates of pay that were in line with industry benchmarks, and provided for adequate protection against adverse action. The FWC also found that the agreement provided for a transparent and fair process for resolving disputes, and provided for a mechanism for resolving issues that may arise in the future. The FWC approved the Subsea 7 Australia Contracting Pty Ltd Greenfields Diving Enterprise Agreement 2015. The FWC found that the agreement met the criteria for approval under section 232 of the Fair Work Act. The FWC noted that the agreement provided for appropriate minimum rates of pay, and provided for adequate protection against adverse action. The FWC also found that the agreement provided for a transparent and fair process for resolving disputes, and provided for a mechanism for resolving issues that may arise in the future. The FWC approved the agreement, and the applicants were entitled to implement the agreement in accordance with the terms of the approval.

Subsea 7 Australia Contracting Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established