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

Printed by authority of the Commonwealth Government Printer

Variation:

CaseChat Overview and Summary

BP Refinery (Bulwer Island) Pty Ltd applied to the Fair Work Commission to vary the BP Refinery (Bulwer Island) Laboratory Employees Agreement 2011. The application was brought by the company, and the respondents were the union representing the employees and the employees themselves. The matter was about changes to the employees' working arrangements, which the company argued were necessary due to the economic downturn and the need for cost-cutting measures.

The legal issues the court had to decide were whether the proposed changes were reasonable and necessary for the company's financial viability and whether the changes were in line with the principles of good faith bargaining. The court had to consider the evidence presented by both parties and assess the impact of the proposed changes on the employees' working conditions.

The court found that the proposed changes were reasonable and necessary for the company's financial viability. It was also satisfied that the changes were in line with the principles of good faith bargaining. The court considered the evidence presented by both parties and determined that the changes were necessary to ensure the company's long-term sustainability. The court also found that the changes did not have an adverse impact on the employees' working conditions and that the company had made reasonable efforts to minimise any negative effects.

The court granted the application, allowing the company to implement the proposed changes to the employees' working arrangements. The decision was based on the evidence presented by both parties and the court's assessment of the impact of the changes on the employees' working conditions and the company's financial viability. The court also noted that the changes were in line with the principles of good faith bargaining and that the company had made reasonable efforts to minimise any negative effects on the employees.

BP Refinery (Bulwer Island) 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