DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Caltex Refineries (Qld) Pty Ltd
(AG2017/973)

CALTEX REFINERIES (QLD) PTY LTD MECHANICAL MAINTENANCE ENTERPRISE AGREEMENT 2017

Oil and gas industry
COMMISSIONER ROE	MELBOURNE, 2 MAY 2017

Application for approval of the Caltex Refineries (Qld) Pty Ltd Mechanical Maintenance Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Caltex Refineries (Qld) Pty Ltd Mechanical Maintenance Enterprise Agreement 2017 (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 (QLD) 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 2 May 2017 and, in accordance with s.54, will operate from 9 May 2017. The nominal expiry date of the Agreement is 25 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Caltex Refineries (Qld) Pty Ltd and the relevant trade unions. The matter pertained to the application for the approval of the Mechanical Maintenance Enterprise Agreement 2017. This application was lodged before the Fair Work Commission. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the criteria for being declared a lawful agreement.

The court was required to determine if the agreement adequately provided for minimum terms and conditions, including rates of pay and conditions of employment. It also had to consider whether the agreement provided for procedural fairness and if it contained any provisions that were contrary to public policy. Additionally, the court had to assess whether the agreement had been negotiated in good faith and whether it was appropriate for the employees covered by the agreement.

The Fair Work Commission found that the proposed agreement was compliant with the Fair Work Act 2009 and met all the necessary criteria for approval. The agreement provided for minimum terms and conditions that were no less favourable than the applicable awards and included provisions for procedural fairness. The Commission was satisfied that the agreement had been negotiated in good faith and did not contain any provisions that were contrary to public policy. As a result, the Commission approved the Mechanical Maintenance Enterprise Agreement 2017.

Caltex Refineries (Qld) 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