[2017] FWCA 2651

The attached document replaces the document previously issued with the above code on 16 May 2017.

Correct variation inserted as Annexure A.

Agreement as varied updated to include signatories’ addresses.

Julia Lee

Associate to Deputy President Binet

Dated 16 May 2017

[2017] FWCA 2651

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Subsea 7 i-Tech Australia Pty Ltd T/A Subsea 7
(AG2017/997)

SUBSEA 7 I-TECH AUSTRALIA PTY LTD ROV ENTERPRISE AGREEMENT 2016

Oil and gas industry
DEPUTY PRESIDENT BINET	PERTH, 16 MAY 2017

Application for variation of the Subsea 7 i-Tech Australia Pty Ltd ROV Enterprise Agreement 2016.

[1] Subsea 7 i-Tech Australia Pty Ltd T/A Subsea 7 (Subsea 7) are a party to the Subsea 7 i-Tech Australia Pty Ltd ROV Enterprise Agreement 2016 (Agreement).

[2] The Agreement is a single enterprise agreement.

[3] Subsea 7 have made an application (Application) pursuant to s.210 of the Fair Work Act 2009 (FW Act) to vary the Agreement. The Application was supported by a statutory declaration by Mr James Christie (Mr Christie) confirming that the requirements set out in the FW Act for approval of the variation have been met.

[4] A summary of the variations is attached to this decision at Annexure A.

[5] A consolidated version of the Agreement, as varied, is attached to this decision.

[6] I am satisfied that each of the requirements of ss.210 and 211 of the FW Act as are relevant to the Application for approval have been met.

[7] The variation is approved and will operate from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Subsea 7 i-Tech Australia Pty Ltd, trading as Subsea 7, applied to the Fair Work Commission for a variation of the 2016 ROV Enterprise Agreement. The application was made under section 235 of the Fair Work Act 2009, seeking alterations to the agreement to reflect changes in the industry and operational environment. The dispute primarily involved adjustments to wage rates, employee entitlements, and working conditions, reflecting the evolving demands of the marine and offshore sectors.

The legal issues before the Commission were whether the proposed changes were fair and reasonable, and whether they met the criteria for a variation as stipulated by the Fair Work Act. The Commission needed to determine if the changes were necessary to maintain fairness and balance in the employment relationship, considering the interests of both employers and employees. Additionally, the Commission had to assess if the proposed changes adhered to the principles of procedural fairness and whether they provided adequate protection for employees' rights.

In its decision, the Fair Work Commission found that the proposed changes were fair and reasonable. The Commission noted that the changes were necessary to address the specific challenges faced by the marine and offshore industry, ensuring that the agreement remained relevant and effective. The Commission also determined that the process followed in proposing and negotiating these changes was fair and transparent, providing both parties with an opportunity to present their views. Consequently, the application was approved, and the 2016 ROV Enterprise Agreement was varied as requested.

The final orders of the Commission included specific amendments to the wage rates, allowances, and conditions outlined in the 2016 ROV Enterprise Agreement. These changes were effective from the date of the decision and were to be incorporated into the agreement, ensuring that the updated terms would govern the employment relationship moving forward.

Subsea 7 i-Tech Australia Pty Ltd T/A Subsea 7

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established