BP Refinery (Bulwer Island) Pty Ltd

[2014] FWCA 7501

[2014] FWCA 7501

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

BP Refinery (Bulwer Island) Pty Ltd
(AG2014/7851)

BP REFINERY (BULWER ISLAND) LABORATORY EMPLOYEES AGREEMENT 2011

Oil and gas industry
COMMISSIONER CAMBRIDGE	SYDNEY, 22 OCTOBER 2014

Application for variation of the BP Refinery (Bulwer Island) Laboratory Employees Agreement 2011.

[1] This matter involves an application for the Fair Work Commission (the Commission) to approve of a variation of an enterprise agreement. The application has been made pursuant to s.210 of the Fair Work Act 2009 (the Act). The application was made by BP Refinery (Bulwer Island) Pty Ltd (the employer).

[2] The application seeks approval of a variation to the BP Refinery (Bulwer Island) Laboratory Employees Agreement 2011 (the Agreement). The application was lodged at Brisbane on 13 October 2014. The application included a statutory declaration of Alison Francis dated 8 October 2014 (the declaration) made on behalf of the employer. The declaration stated that the variation to the Agreement was made on 3 October 2014. Therefore the application was made within the 14 day time limit set by subsection 210 (3) of the Act.

[3] The application seeks approval of a number of variations to the Agreement which primarily involve the replacement of the tables of rates of pay and allowances set out in various appendixes of the Agreement. In broad terms the replacement tables of rates of pay and allowances provide for higher figures to apply from October 2014.

[4] The application for approval of a variation was listed for Hearing in Chambers before the Commission on 22 October 2014. I note that the file has included a Statutory Declaration of Benjamin Charles Swan made on behalf of The Australian Workers’ Union (the AWU), as an employee organisation in relation to the application.

[5] I have considered the application for approval of a variation having regard for the material filed in support of the application. In view of this material and the evidence that has been provided in the declaration, I am satisfied that the requirements of s.211 of the Act have been met.

[6] Consequently the variation of the Agreement is approved. In accordance with s. 216 of the Act the variation to the Agreement will come into operation on and from 22 October 2014.

COMMISSIONER

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Variation: