Beach Energy Limited

[2022] FWCA 4530

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Beach Energy Limited

(AG2022/5233)

Energy Otway Operations (Maintenance Technicians) Enterprise Agreement 2022

Oil and gas industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 DECEMBER 2022

Application for approval of the Beach Energy Otway Operations (Maintenance Technicians) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Beach Energy Otway Operations (Maintenance Technicians) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Beach Energy Limited. The Agreement is a single enterprise agreement.

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.

The Australian Worker’s Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2022. The nominal expiry date of the Agreement is 1 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Beach Energy Limited for the approval of the Beach Energy Otway Operations (Maintenance Technicians) Enterprise Agreement 2022. The application was made under the Fair Work Act 2009, and the parties involved were Beach Energy Limited and the Australian Manufacturing Workers’ Union. The nature of the dispute centred on whether the enterprise agreement met the necessary requirements for approval, including the absence of prohibited content and compliance with the procedural fairness provisions. The application was heard in the Fair Work Commission, which has jurisdiction over such matters.

The central legal issues that the Fair Work Commission had to decide were whether the enterprise agreement contained any prohibited content, which would render it incapable of approval, and whether the necessary procedural fairness was observed in the agreement's formation. Prohibited content includes matters such as discrimination, unjustifiable hardship, and terms that contravene minimum standards. Procedural fairness required the employer to provide genuine opportunities for the employees to be involved in the agreement's negotiation and to be adequately informed about the process.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the enterprise agreement did not contain any prohibited content. The Commission was satisfied that the agreement adhered to the minimum standards set out in the relevant awards and that it did not unfairly discriminate against any employee or group of employees. Regarding procedural fairness, the Commission concluded that Beach Energy Limited had provided genuine opportunities for the employees to participate in the negotiation process and that the employees had been adequately informed about the process. Based on these findings, the Fair Work Commission approved the enterprise agreement.

The final orders of the Fair Work Commission were that the Beach Energy Otway Operations (Maintenance Technicians) Enterprise Agreement 2022 be approved, effective from the date of the Commission's decision. The approval was contingent on the agreement being registered with the Fair Work Ombudsman within the specified timeframe. The Commission's decision provided clarity on the approval process for enterprise agreements and reinforced the importance of ensuring compliance with both substantive and procedural requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established