DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BHP Billiton Petroleum Pty Ltd
(AG2015/3898)

MINERVA OPERATIONS - EMPLOYEE AGREEMENT 2015

Oil and gas industry
COMMISSIONER ROE	MELBOURNE, 14 JULY 2015

Application for approval of the Minerva Operations - Employee Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Minerva Operations - Employee 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 BHP Billiton Petroleum 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 14 July 2015 and, in accordance with s.54, will operate from 21 July 2015. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, BHP Billiton Petroleum Pty Ltd, sought approval of the Minerva Operations - Employee Agreement 2015 from the Fair Work Commission. The dispute centred around whether the agreement was in the best interests of the employees and complied with the relevant legislative framework. The case was heard by the Fair Work Commission, which has the authority to approve such agreements.

The legal issues before the Commission were whether the agreement provided fair and appropriate terms for the employees, including their wages, conditions, and other entitlements, and whether it complied with the requirements of the Fair Work Act 2009. The Commission had to consider submissions from both the applicant and the employees' representative, along with any relevant evidence and arguments.

In its decision, the Commission examined the terms of the proposed agreement and assessed whether they were reasonable and fair for the employees. The Commission considered the nature of the work, the industry standards, and the parties' bargaining positions. After evaluating the evidence and arguments, the Commission concluded that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees. The Commission approved the agreement, finding that it provided fair and appropriate terms for the employees and complied with the relevant legislative framework.

The Commission's approval of the Minerva Operations - Employee Agreement 2015 ensures that the employees will have a fair and reasonable agreement in place, which sets out their terms and conditions of employment. This decision provides certainty for both the employer and the employees and helps to maintain a stable and productive workplace.

BHP Billiton Petroleum 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