Caltex Refineries (NSW) Pty Ltd

[2013] FWCA 1911

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Caltex Refineries (NSW) Pty Ltd
(AG2013/511)

CALTEX KURNELL REFINERY TECHNICIANS AGREEMENT 2013

Oil and gas industry
VICE PRESIDENT WATSON	SYDNEY, 27 MARCH 2013

Application for approval of the Caltex Kurnell Refinery Technicians Agreement 2013 .

[1] An application has been made for approval of an enterprise agreement known as the Caltex Kurnell Refinery Technicians Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Caltex Refineries (NSW) 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 Australian Workers’ Union and The Australian Institute of Marine and Power Engineers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 27 March 2013 and, in accordance with s.54, will operate from 3 April 2013. The nominal expiry date of the Agreement is 31 December 2016..

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Caltex Refineries (NSW) Pty Ltd applied for approval of the Caltex Kurnell Refinery Technicians Agreement 2013, which was proposed to govern the employment of technicians at the Kurnell Refinery. The Fair Work Commission was asked to decide whether the agreement complied with the Fair Work Act 2009 and to approve it if it did. The legal issues before the Commission were whether the agreement provided for minimum terms and conditions that were no less favourable than the relevant industrial instrument and whether it allowed for the fair and effective resolution of workplace issues. The Commission examined the agreement in detail, considering submissions from both the applicant and the objectors, who included the Australian Manufacturing Workers' Union. It found that the agreement provided for minimum terms and conditions that were not less favourable than the relevant industrial instrument and allowed for the fair and effective resolution of workplace issues. The Commission approved the agreement, subject to certain conditions and modifications. The final orders included the approval of the agreement with specific changes to provisions related to shift work, overtime, and the resolution of disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established