DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trustee for the East West Dive & Salvage Trust T/A East West Dive & Salvage Pty Ltd
(AG2017/2790)

EAST WEST DIVE & SALVAGE PTY LTD DIVING ENTERPRISE AGREEMENT 2017

Diving services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 DECEMBER 2017

Application for approval of the East West Dive & Salvage Pty Ltd Diving Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the East West Dive & Salvage Pty Ltd Diving Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Trustee for the East West Dive & Salvage Trust T/A East West Dive & Salvage Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 6 December 2017 and, in accordance with s.54, will operate from 13 December 2017. The nominal expiry date of the Agreement is 30 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Trustee for the East West Dive & Salvage Trust T/A East West Dive & Salvage Pty Ltd for approval of the East West Dive & Salvage Pty Ltd Diving Enterprise Agreement 2017. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement and whether they met the requirements under the Fair Work Act 2009.

The legal issues at hand required the Commission to determine whether the agreement provided for the mandatory bargaining items as stipulated by the Fair Work Act and whether it was fair and reasonable in all aspects. Additionally, the Commission had to assess if the agreement had been genuinely negotiated between the employer and the employees' representative, and if the necessary procedural fairness was observed throughout the bargaining process.

The Fair Work Commission found that the enterprise agreement was comprehensive and covered all mandatory bargaining items. The Commission noted that the agreement contained detailed provisions on wages, hours of work, and other conditions of employment, all of which were in line with the statutory requirements. Furthermore, the Commission was satisfied that the agreement had been genuinely negotiated and that the necessary procedural fairness had been observed. Given these findings, the Commission approved the enterprise agreement, deeming it fair and reasonable for the employees and the employer alike. Consequently, the agreement was registered, and it became legally binding on the parties involved.

Trustee for the East West Dive & Salvage Trust T/A East West Dive & Salvage 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