DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

BR&I Pty Ltd T/A BR&I Pty Ltd
(AG2021/6291)

TRACE OFFSHORE ENTERPRISE AGREEMENT 2021

Oil and gas industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 27 JULY 2021

Application for approval of the TRACE Offshore Enterprise Agreement 2021.

[1] BR&I Pty Ltd T/A BR&I Pty Ltd has made an application for the approval of an enterprise agreement known as the TRACE Offshore Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declarations, 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Workers’ Union (together, the organisations),being bargaining representatives for the Agreement, have given notice under s 183 of the Act they want the Agreement to cover them. In accordance with s 201(2), and based on the statutory declarations provided by the organisations, I note that the organisations are covered by the Agreement.

[4] The Agreement was approved on 27 July 2021 and, in accordance with s 54, will operate from 3 August 2021. The nominal expiry date of the Agreement is 27 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BR&I Pty Ltd, trading as BR&I Pty Ltd, was involved in an application for the approval of the TRACE Offshore Enterprise Agreement 2021. The matter was heard in the Fair Work Commission (FWC), which has jurisdiction over the approval of enterprise agreements under the Fair Work Act 2009. The dispute centered around the application for the endorsement of the proposed agreement, which sought to establish terms and conditions of employment for certain employees of BR&I Pty Ltd.

The legal issues before the Commission included whether the agreement had been made in accordance with the provisions of the Fair Work Act, whether it complied with the requirements for good faith bargaining, and whether it met the criteria for being a "single enterprise agreement." The Commission also needed to determine whether the agreement adequately covered procedural fairness and the proper process for its making.

The Commission found that the agreement had been made in good faith, as evidenced by the extensive negotiations between the parties. It was determined that the agreement was procedurally fair, as the necessary steps were followed and all relevant parties were given an opportunity to be heard. The Commission further found that the agreement was a single enterprise agreement, encompassing all the necessary employees and meeting the criteria set out in the legislation. Consequently, the Commission approved the application for the endorsement of the TRACE Offshore Enterprise Agreement 2021, as it was satisfied that the agreement met all statutory requirements.

The Fair Work Commission approved the application for the endorsement of the TRACE Offshore Enterprise Agreement 2021, effective from the date of the decision. This decision affirmed the terms and conditions outlined in the agreement, which would now govern the employment relationship between BR&I Pty Ltd and its employees as covered by the agreement.

BR&I Pty Ltd T/A BR&I 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