DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BHP Billiton Petroleum Pty Ltd
(AG2018/6226)

MINERVA OPERATIONS - EMPLOYEE AGREEMENT 2018

Oil and gas industry
COMMISSIONER LEE	MELBOURNE, 4 FEBRUARY 2019

Application for approval of the Minerva Operations - Employee Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Minerva Operations - Employee Agreement 2018 (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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2019. The nominal expiry date of the Agreement is 10 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of BHP Billiton Petroleum Pty Ltd, the application was for the approval of the Minerva Operations - Employee Agreement 2018. The matter was heard in the Fair Work Commission, where the applicant, BHP Billiton Petroleum Pty Ltd, sought to have the agreement approved. The dispute arose from the proposed terms and conditions of employment for the workers in the Minerva Operations. The applicant argued that the proposed agreement was in the best interest of the employees, while the respondents raised concerns regarding certain provisions, particularly those relating to pay and conditions.

The legal issues before the court centred on whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the court had to consider if the agreement was a "small business agreement," if it was made in good faith, and if it provided for fair and reasonable terms and conditions. Additionally, the court had to examine the process by which the agreement was made, ensuring that the agreement was negotiated genuinely and fairly, and that it included appropriate dispute resolution mechanisms.

The Fair Work Commission found that the proposed agreement met the criteria outlined in the Fair Work Act 2009. The court determined that the agreement was a small business agreement, was made in good faith, and provided for fair and reasonable terms and conditions. Furthermore, the court was satisfied that the process by which the agreement was negotiated was genuine and fair, and that it included appropriate dispute resolution mechanisms. As such, the court approved the Minerva Operations - Employee Agreement 2018.

The final orders of the court were that the Minerva Operations - Employee Agreement 2018 be approved. This decision allows the agreement to come into effect, providing a framework for the employment terms and conditions of the workers in the Minerva Operations. The approval of the agreement is subject to the terms and conditions outlined within the agreement itself, and the continued compliance with the Fair Work Act 2009.

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