Ampol Refineries (Qld) Pty Ltd

[2021] FWCA 1490

[2021] FWCA 1490

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ampol Refineries (Qld) Pty Ltd
(AG2021/4006)

AMPOL REFINERIES (QLD) PTY LTD MECHANICAL MAINTENANCE ENTERPRISE AGREEMENT 2020

Oil and gas industry
COMMISSIONER BOOTH	BRISBANE, 18 MARCH 2021

Application for approval of the Ampol Refineries (Qld) Pty Ltd Mechanical Maintenance Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Ampol Refineries (Qld) Pty Ltd (the Applicant) for approval of Ampol Refineries (Qld) Pty Ltd Mechanical Maintenance Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Rohan Webb, State Secretary of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) filed a Form F18 in this matter, advising that the AMWU supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it.

[3] Correspondence was sent to the Applicant on 9 March 2021, raising certain concerns in relation to the Agreement and seeking responses from the Applicant. The Applicant filed submissions addressing the concerns raised on 10 March 2021. The AMWU was provided a copy of this response by the Applicant.

[4] The matter was listed for eHearing on 17 March 2021. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[5] It is noted that the Notice of Employee Representational Rights given by the Applicant provided the company name as “Caltex Refineries (QLD) Pty Ltd” and the agreement title as “Caltex Refineries (QLD) Pty Ltd Mechanical Maintenance Enterprise Agreement 2019”, however clause 3 of the Agreement provides the company as “Ampol Refineries (Qld) Pty Ltd” and the Agreement title provided in clause 1 is “Ampol Refineries (Qld) Pty Ltd Mechanical Maintenance Enterprise Agreement 2020”. Subject to the submissions of the Applicant, I am satisfied that:

a) this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and

b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.

[6] Accordingly, I am satisfied that the Agreement was genuinely agreed within the meaning of s.188(2) of the Act.

[7] Subject to the matters raised at paragraphs [2]-[6], 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.

[8] In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU.

[9] The Agreement is approved and, in accordance with s.54 of the Act and clause 4 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 25 November 2023.

COMMISSIONER

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