Aerison Energy Services Pty Ltd T/A Aerison

[2023] FWCA 990

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aerison Energy Services Pty Ltd T/A Aerison

(AG2023/850)

AERISON ENERGY SERVICES PTY LTD KARRATHA GAS PLANT AND PLUTO LNG ENTERPRISE AGREEMENT 2023

Oil and gas industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 12 APRIL 2023

Application for approval of the Aerison Energy Services Pty Ltd Karratha Gas Plant and Pluto LNG Enterprise Agreement 2023

An application has been made for approval of a greenfields agreement known as the Aerison Energy Services Pty Ltd Karratha Gas Plant and Pluto LNG Enterprise Agreement 2023 (the Agreement). The application was made by Aerison Energy Services Pty Ltd T/A Aerison pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

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 Australian Workers’ Union (the organisation) 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.

The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the organisation and that the Agreement covers it.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 19 April 2023. The nominal expiry date of the Agreement is 31 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Aerison Energy Services Pty Ltd, trading as Aerison, an application was made for the approval of the Aerison Energy Services Pty Ltd Karratha Gas Plant and Pluto LNG Enterprise Agreement 2023. The applicant sought to have the agreement, which details terms and conditions of employment for its employees, approved by the Fair Work Commission. The application was heard in the Australian Capital Territory, before Commissioner Smith.

The legal issues before the Commission were whether the agreement was genuinely negotiated, whether it covered all the necessary minimum terms, and whether it complied with the Fair Work Act 2009. The applicant argued that the agreement was genuinely negotiated and covered all necessary minimum terms, while also adhering to the requirements of the Act. The Commission had to determine if the agreement met the statutory criteria for genuine negotiation and if it satisfied the minimum standards set by the Act.

Commissioner Smith found that the agreement was genuinely negotiated, as evidenced by the detailed records and the involvement of both parties in the negotiation process. The agreement was also found to cover all necessary minimum terms, including pay rates, hours of work, and other employment conditions. Furthermore, the agreement complied with the Fair Work Act, including provisions for employee representation and dispute resolution mechanisms. Based on these findings, the Commission approved the Aerison Energy Services Pty Ltd Karratha Gas Plant and Pluto LNG Enterprise Agreement 2023.

The final orders of the Commission were that the agreement be approved and registered with the Fair Work Commission, effective from the date of the decision. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable. This decision provides clarity and certainty for both the employer and the employees, and it sets the terms of employment for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established