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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ampol Refineries (Qld) Pty Ltd applied to the Fair Work Commission for approval of the Mechanical Maintenance Enterprise Agreement 2020. The applicant argued the agreement met the requirements of the Fair Work Act 2009 for being a modern award. The dispute centred around whether the agreement was fairly negotiated and provided adequate terms and conditions for employees. The Fair Work Commission was tasked with assessing the agreement's compliance with the statutory requirements for modern awards, including consideration of whether the agreement provided for the minimum entitlements and offered a safety net for employees.

The Commission examined the negotiation process, ensuring the agreement was genuinely negotiated and not imposed. It also evaluated the terms and conditions provided in the agreement, ensuring they met or exceeded the minimum standards prescribed by modern awards. Additionally, the Commission considered whether the agreement provided adequate protections for employees, including provisions for wages, hours of work, leave entitlements, and other conditions of employment. The Commission had to determine if the agreement provided fair and reasonable terms and conditions that went beyond the statutory minimums.

After thorough consideration, the Commission found the agreement to be fairly negotiated and compliant with the requirements of the Fair Work Act. It determined that the agreement provided for minimum entitlements and offered adequate protections for employees, thus meeting the criteria for a modern award. The Commission approved the Mechanical Maintenance Enterprise Agreement 2020, recognising it as a modern award under the Act. The decision ensured that the employees covered by the agreement would benefit from fair and reasonable terms and conditions of employment.

The final orders included the approval of the Mechanical Maintenance Enterprise Agreement 2020 as a modern award, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Ombudsman, and employers were required to comply with its terms. The decision provided clarity and legal certainty for both the employer and employees, ensuring the agreement would govern their industrial relations going forward.

Ampol Refineries (Qld) 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