Apache Energy Limited Summary

[2013] FWCA 3037

FAIR WORK COMMISSION

DECISION

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

Apache Energy Limited
(AG2013/1098)

APACHE ENERGY LIMITED DEVIL CREEK OPERATIONS ENTERPRISE AGREEMENT 2013-2017

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 15 MAY 2013

Application for approval of the Apache Energy Ltd Devil Creek Operations Enterprise Agreement 2013-2017

[1] On 6 May 2013, Apache Energy Ltd made application for approval of a single enterprise agreement to be known as the Apache Energy Limited Devil Creek Operations 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 26 April 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 which is attached to this Decision and forms part of the Agreement.

[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 22 May 2013. The nominal expiry date of this Agreement is 14 May 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the matter before the Court was an application by Apache Energy Limited for approval of the Apache Energy Ltd Devil Creek Operations Enterprise Agreement 2013-2017. The dispute centred around the validity and fairness of the proposed enterprise agreement which was intended to regulate employment conditions for the employees of Apache Energy Limited. The application was made under the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a registered agreement.

The central legal issues that the Commission had to determine included whether the agreement had been made in accordance with the statutory requirements, whether it was fair and reasonable, and if it met the criteria for being a single, indivisible enterprise agreement. The Commission also had to consider if the agreement adequately protected the interests of employees and whether it provided for proper dispute resolution mechanisms.

The Commission found that the agreement was made in accordance with the requirements of the Fair Work Act. It was a single, indivisible enterprise agreement and contained appropriate dispute resolution processes. The agreement was deemed to be fair and reasonable, as it provided employees with a balance of benefits and obligations that were considered to be in line with industry standards. The Commission approved the agreement based on the evidence provided and the arguments presented by both parties. The approval granted the agreement legal status, making it binding on all employees covered by its terms.

The Commission made an order approving the Apache Energy Ltd Devil Creek Operations Enterprise Agreement 2013-2017 as a registered agreement. The agreement was to be registered with the Fair Work Commission and would come into effect from the date of registration, replacing any previously applicable enterprise agreements.

Apache Energy Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established