Subsea 7 Australia Contracting Pty Ltd Summary

[2025] FWCA 473

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Subsea 7 Australia Contracting Pty Ltd

(AG2024/5191)

SUBSEA 7 AUSTRALIA CONTRACTING PTY LTD & MUA OFFSHORE DIVING GREENFIELDS AGREEMENT 2024

Diving services
COMMISSIONER LIM	PERTH, 7 FEBRUARY 2025

Application for approval of the Subsea 7 Australia Contracting Pty Ltd & MUA Offshore Diving Greenfields Agreement 2024.

Subsea 7 Australia Contracting Pty Ltd (the Applicant) has made an application for the approval of a greenfields agreement known as the Subsea 7 Australia Contracting Pty Ltd & MUA Offshore Diving Greenfields Agreement 2024. (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act).

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement does not contain a delegates’ rights term, as required by s 205A(1) of the Act. Under s 205A(2), the workplace delegates’ rights term in Clause 19A of the Professional Diving Industry (Industrial) Award 2020 is taken to be a term of the Agreement.

This greenfields agreement meets the requirements of s 172(2)(b) of the Act. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 190 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 Division of the Construction, Forestry and Maritime Employees Union 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.

Pursuant to ss 53(2)(b) and 201(2A) of the Act, I note the Agreement was made with

the organisation and that the Agreement covers them.

The Agreement was approved on 7 February 2025 and, in accordance with s 54, will operate from 14 February 2025. The nominal expiry date of the Agreement is 30 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Subsea 7 Australia Contracting Pty Ltd applied for the approval of the Subsea 7 Australia Contracting Pty Ltd & MUA Offshore Diving Greenfields Agreement 2024 (the Agreement) under the Fair Work Act 2009 (Cth). The Agreement is intended to cover the provision of diving services by employees of the Applicant to the Maritime Union of Australia Division of the Construction, Forestry and Maritime Employees Union. The application was made under section 185 of the Act.

The primary legal issues before the Commission were whether the Agreement met the requirements of sections 186, 187, and 188 of the Act, and if it was in the public interest to approve the Agreement. Additionally, the Commission considered whether the Maritime Union of Australia Division of the Construction, Forestry and Maritime Employees Union was entitled to represent the industrial interests of the majority of employees who would be covered by the Agreement. The Commission also assessed whether the Agreement was made with the relevant organisation and whether it covered the organisation as required by sections 53(2)(b) and 201(2A) of the Act.

The Commission found that the Agreement satisfied all the statutory requirements for approval. The Agreement included the workplace delegates’ rights term from the Professional Diving Industry (Industrial) Award 2020, as required by section 205A of the Act. The Commission was satisfied that the Maritime Union of Australia Division of the Construction, Forestry and Maritime Employees Union was entitled to represent the majority of employees covered by the Agreement. Furthermore, the Commission determined that it was in the public interest to approve the Agreement. The Commission noted that the Agreement was made with the relevant organisation and covered the organisation as required by the Act.

The Agreement was approved and will operate from 14 February 2025, with a nominal expiry date of 30 March 2028. The Commission's decision ensures that the Agreement complies with the legislative framework and will govern the industrial relations between Subsea 7 Australia Contracting Pty Ltd and the Maritime Union of Australia Division of the Construction, Forestry and Maritime Employees Union for the specified period.

Subsea 7 Australia Contracting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established