Caltex Refineries (Qld) Pty Ltd

[2013] FWCA 995

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Caltex Refineries (Qld) Pty Ltd
(AG2012/14410)

CALTEX REFINERIES (QLD) PTY LTD MECHANICAL MAINTENANCE ENTERPRISE AGREEMENT 2012

Oil and gas industry
VICE PRESIDENT WATSON	SYDNEY, 13 FEBRUARY 2013

Application for approval of the Caltex Refineries (Qld) Pty Ltd Mechanical Maintenance Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Caltex Refineries (Qld) Pty Ltd Mechanical Maintenance Enterprise Agreement 2012 (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.

[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 13 February 2013 and, in accordance with s.54, will operate from 20 February 2013. The nominal expiry date of the Agreement is 25 November 2015.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Caltex Refineries (Qld) Pty Ltd, an entity that operates a refinery in Queensland, and the Australian Manufacturing Workers' Union. The dispute arose over the application for approval of the Mechanical Maintenance Enterprise Agreement 2012. This agreement was intended to govern the terms and conditions of employment for certain employees within the company. The application was heard by the Fair Work Commission, a tribunal responsible for resolving workplace disputes in Australia.

The primary legal issue before the commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the commission had to consider whether the agreement provided fair and reasonable terms and conditions, and whether it had been made in good faith. Another significant concern was whether the agreement appropriately balanced the interests of both employees and employers.

The Fair Work Commission found that the agreement did meet the necessary criteria for approval. The commission noted that the agreement had been negotiated in good faith and that it provided fair and reasonable terms for the employees. The commission also observed that the agreement had appropriately balanced the interests of both parties. The commission concluded that the agreement did not unfairly disadvantage any party and therefore approved the agreement. The union's application was dismissed.

CaseChat Overview and Summary

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Background to the litigation

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