DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bandland Holdings Pty Ltd T/A Attested Pressure Services
(AG2015/2226)

ATTESTED PRESSURE SERVICES QUEENSLAND LNG PROJECTS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 7 APRIL 2015

Application for approval of the Attested Pressure Services Queensland LNG Projects Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Attested Pressure Services Queensland LNG Projects Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Attested Pressure Services. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 7 April 2015 and, in accordance with s.54, will operate from 14 April 2015. The nominal expiry date of the Agreement is 6 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Bandland Holdings Pty Ltd T/A Attested Pressure Services, the Fair Work Commission was tasked with approving an enterprise agreement between the employer and its employees. The dispute arose from the terms and conditions outlined in the Attested Pressure Services Queensland LNG Projects Enterprise Agreement 2015, which sought to govern the employment conditions of the workers involved in the Queensland LNG projects. The Commission's role was to ensure that the agreement met the necessary criteria under the Fair Work Act 2009, including that it did not undermine the safety and welfare of the employees.

The primary legal issues before the Commission included whether the proposed agreement provided for fair and reasonable terms, whether it addressed the specific needs of the employees, and whether it complied with the statutory requirements for approval. Furthermore, the Commission had to consider the balance between the interests of the employer and those of the employees, ensuring that the agreement did not disadvantage any party unduly.

The Fair Work Commission examined the details of the enterprise agreement, focusing on various aspects such as pay rates, working conditions, leave provisions, and dispute resolution mechanisms. The Commission evaluated the evidence provided by both parties, including submissions on the economic and operational context of the LNG projects. It concluded that the agreement provided fair and reasonable terms for the employees, taking into account the specific industry demands and the need for flexibility in operations. The Commission found that the agreement did not undermine the safety or welfare of the employees and was consistent with the statutory criteria for approval.

Following its analysis, the Fair Work Commission approved the Attested Pressure Services Queensland LNG Projects Enterprise Agreement 2015, recognising its alignment with the legislative framework and the practical needs of the industry. This decision provided certainty for both the employer and the employees, ensuring that the agreement would govern their relationship going forward.

Bandland Holdings Pty Ltd T/A Attested Pressure Services

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established