DECISION

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

Caltex Refineries (Qld) Pty Ltd
(AG2015/1207)

CALTEX REFINERIES (QLD) PTY LTD OPERATIONS ENTERPRISE AGREEMENT 2015

Oil and gas industry
COMMISSIONER SIMPSON	BRISBANE, 9 JUNE 2015

Application for approval of the Caltex Refineries (Qld) Pty Ltd Operations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Caltex Refineries (Qld) Pty Ltd Operations Enterprise Agreement 2015 (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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union (AWU) 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 is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Caltex Refineries (Qld) Pty Ltd applied for the approval of the Caltex Refineries (Qld) Pty Ltd Operations Enterprise Agreement 2015 before the Fair Work Commission. The application involved a dispute concerning the terms and conditions of employment for employees of the company, with specific focus on the agreement's compliance with the relevant federal industrial legislation. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, whether it complied with the procedural requirements for enterprise agreements, and whether it adhered to the Fair Work Act's provisions regarding the avoidance of industrial action. The Commission also needed to assess if the agreement was genuinely negotiated and whether it adequately covered the employees' rights and obligations.

In its decision, the Fair Work Commission examined the submissions from both the applicant and the objectors, as well as the content of the proposed agreement. The Commission found that the agreement provided for fair and reasonable terms and conditions, and it was genuinely negotiated. The agreement was deemed to comply with the procedural requirements and the provisions of the Fair Work Act. Consequently, the Commission approved the application for the agreement. The Fair Work Commission's decision was based on a thorough analysis of the evidence and the application of the relevant legal framework.

The final orders included the approval of the Caltex Refineries (Qld) Pty Ltd Operations Enterprise Agreement 2015, subject to certain conditions and provisions. The Commission directed that the agreement would be registered and enforceable from the date of the decision. The approval was granted with the understanding that the agreement would be subject to review and potential amendments in the future to ensure its continued compliance with the Fair Work Act.

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