DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Applus RTD Pty Ltd
(AG2016/6866)

APPLUS RTD PTY LTD ESSO OFFSHORE NDT AND INSPECTIONS SERVICES AGREEMENT 2016 - 2019

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 16 NOVEMBER 2016

Application for approval of the Applus RTD Pty Ltd Esso Offshore NDT and Inspections Services Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Applus RTD Pty Ltd Esso Offshore NDT and Inspections Services Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Applus RTD Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were Applus RTD Pty Ltd and Esso Offshore Pty Ltd. The dispute arose from the need to approve an agreement between the two companies concerning non-destructive testing and inspections services for the period 2016 to 2019. The case was heard by the Fair Work Commission (FWC), an Australian federal statutory body responsible for resolving workplace disputes.

The legal issues before the Commission were primarily concerned with the fairness and reasonableness of the agreement in light of the Fair Work Act 2009. The Commission had to determine whether the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions, and whether it was consistent with the provisions of the Act. The Commission also considered whether the agreement was necessary to prevent, mitigate or resolve an industrial dispute.

The Commission found that the agreement was fair and reasonable, and approved it accordingly. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, and that it was consistent with the provisions of the Act. The Commission also found that the agreement was necessary to prevent, mitigate or resolve an industrial dispute. In making its decision, the Commission considered the evidence presented by both parties, as well as the relevant provisions of the Fair Work Act 2009.

As a result of the decision, the agreement between Applus RTD Pty Ltd and Esso Offshore Pty Ltd was approved. The approval of the agreement means that it will now be binding on both parties and will provide a framework for their working relationship over the specified period. The decision of the Commission is final and binding, and may not be appealed except on limited grounds specified in the Act.

Applus RTD 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