Ampol Refineries (Qld) Pty Ltd

[2023] FWCA 3020

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ampol Refineries (Qld) Pty Ltd

(AG2023/3137)

AMPOL REFINERIES (QLD) PTY LTD OPERATIONS ENTERPRISE AGREEMENT 2023

Oil and gas industry
COMMISSIONER DURHAM	BRISBANE, 18 SEPTEMBER 2023

Application for approval of the Ampol Refineries (Qld) Pty Ltd Operations Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Ampol Refineries (Qld) Pty Ltd Operations Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ampol Refineries (Qld) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 3.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by Ampol Refineries (Qld) Pty Ltd for the approval of the Ampol Refineries (Qld) Pty Ltd Operations Enterprise Agreement 2023. The company sought to have the agreement, which was the result of negotiations between the employer and the employees represented by the relevant union, recognised and made applicable to its workforce.

The central legal issue addressed by the Commission was whether the agreement met the statutory requirements under the Fair Work Act 2009. This included ensuring the agreement had been genuinely negotiated, contained certain mandatory terms, and did not include any terms that were contrary to public policy or unprotected by the Act. Additionally, the Commission considered whether the agreement provided for a fair and reasonable outcome for the employees, taking into account the principles of industrial fairness and the broader objectives of the Act.

In evaluating the application, the Commission assessed the negotiation process, the content of the agreement, and the implications for the employees. It considered the evidence provided by both parties and any submissions made. The Commission found that the agreement had been genuinely negotiated, contained all mandatory terms, and did not include any terms that were contrary to public policy. Furthermore, it was determined that the agreement provided a fair and reasonable outcome for the employees, aligning with the principles of industrial fairness and the objectives of the Act.

Consequently, the Commission approved the Ampol Refineries (Qld) Pty Ltd Operations Enterprise Agreement 2023, making it a registered agreement under the Fair Work Act 2009. The decision was made based on the comprehensive assessment of the negotiation process and the content of the agreement, which met all statutory requirements and provided a fair and reasonable outcome for the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established