DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ATCO Gas Australia Pty Ltd
(AG2019/2037)

ATCO GAS AUSTRALIA PTY LTD GAS DISTRIBUTION ENTERPRISE AGREEMENT 2019

Oil and gas industry
COMMISSIONER JOHNS	SYDNEY, 26 JUNE 2019

Application for approval of the ATCO Gas Australia Pty Ltd Gas Distribution Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the ATCO Gas Australia Pty Ltd Gas Distribution Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ATCO Gas Australia 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] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2.3(c) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ATCO Gas Australia Pty Ltd recently appeared before the Fair Work Commission to seek approval of their Gas Distribution Enterprise Agreement 2019. The application for approval was contested by the Australian Manufacturing Workers' Union (AMWU). The central issue in the case was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The primary concern was whether the agreement adequately provided for minimum entitlements, specifically in relation to shift patterns, overtime, and penalty rates.

The Commission examined the proposed agreement in detail, considering the balance between the parties' interests and the statutory requirements. The AMWU argued that the agreement did not sufficiently protect employees' rights, particularly regarding shift patterns and overtime arrangements. The employer, on the other hand, maintained that the agreement was fair and reasonable, offering appropriate conditions for employees while also considering operational needs. The Commission assessed the evidence and submissions, focusing on whether the proposed agreement met the statutory criteria for approval, including whether it provided for minimum terms and conditions and whether it was in the best interests of the employees.

In its decision, the Commission found that the agreement did not adequately address certain issues related to shift patterns and overtime. It concluded that the proposed agreement did not provide for adequate rest periods and did not sufficiently protect employees' rights to overtime pay. As a result, the Commission did not approve the agreement. The Commission ordered that the agreement be returned to the parties for further negotiation and, if necessary, resubmission for approval. This decision ensures that employees' rights are protected and that the agreement meets the statutory requirements for approval under the Fair Work Act 2009.

ATCO Gas Australia 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