BP Refinery (Kwinana) Pty Ltd

Case

[2014] FWCA 7835

6 NOVEMBER 2014

No judgment structure available for this case.

[2014] FWCA 7835
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

BP Refinery (Kwinana) Pty Ltd
(AG2014/9696)

BP REFINERY (KWINANA) PTY LTD & AWU OPERATIONS & LABORATORY EMPLOYEES AGREEMENT 2014

Oil and gas industry

COMMISSIONER CLOGHAN

PERTH, 6 NOVEMBER 2014

Application for approval of the BP Refinery (Kwinana) Pty Ltd & AWU Operations & Laboratory Employees Agreement 2014.

[1] On 28 October 2014, BP Refinery (Kwinana) Pty Ltd made application for approval of a single enterprise agreement to be known as the BP Refinery (Kwinana) Pty Ltd & AWU Operations & Laboratory Employees Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 21 October 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Workers’ Union (AWU) has declared that the AWU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AWU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the AWU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 13 November 2014.

[7] The nominal expiry date of this Agreement is 30 November 2017.

COMMISSIONER

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