Apache Energy Limited

[2013] FWCA 911

FAIR WORK COMMISSION

DECISION

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

Apache Energy Limited
(AG2013/4570)

APACHE ENERGY LTD VARANUS ISLAND HUB ENTERPRISE AGREEMENT 2013-2017

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 8 FEBRUARY 2013

Application for approval of the Apache Energy Ltd Varanus Island Hub Enterprise Agreement 2013-2017.

[1] On 18 January 2013, Apache Energy Limited made application for approval of a single enterprise agreement to be known as the Apache Energy Ltd Varanus Island Hub Enterprise Agreement 2013-2017 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 11 January 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] Pursuant to s.190 of the FW Act, the Applicant has provided an undertaking that in Clause 17: Resolution of Employee Relations Disputes, an employee can appoint a representative of their choice for the purposes of consultation.

[5] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 15 February 2013. The nominal expiry date of this Agreement is 7 February 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Apache Energy Limited, sought approval of the Apache Energy Ltd Varanus Island Hub Enterprise Agreement 2013-2017. The applicant's employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the application. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and if it provided fair and reasonable terms for the employees.

The legal issues before the Commission included whether the agreement was a "good faith" bargain, as required by the Act, and if it provided for fair and reasonable terms for the employees. The Commission also considered if the agreement complied with the procedural requirements under the Act, including whether the applicant had genuinely attempted to negotiate with the union. The CFMEU argued that the applicant had failed to negotiate in good faith and that the proposed agreement did not provide fair and reasonable terms for the employees.

After examining the evidence, the Commission found that the applicant had genuinely attempted to negotiate with the union and that the agreement was a good faith bargain. The Commission considered the agreement to provide fair and reasonable terms for the employees, taking into account the nature of the work, the industry standards, and the economic circumstances. The Commission also determined that the agreement complied with the procedural requirements of the Act. Consequently, the Commission approved the Apache Energy Ltd Varanus Island Hub Enterprise Agreement 2013-2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established