DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cameron Services International Pty Ltd
(AG2020/1602)

CAMERON SERVICES INTERNATIONAL VALVE & FLANGE MANAGEMENT EMPLOYEES ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 9 JULY 2020

Application for approval of the Cameron Services International Valve & Flange Management Employees Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Cameron Services International Valve & Flange Management Employees Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cameron Services International Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2020. The nominal expiry date of the Agreement is 8 July 2024.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Cameron Services International Pty Ltd sought approval of the Cameron Services International Valve & Flange Management Employees Enterprise Agreement 2020. The applicants, Cameron Services International Pty Ltd and the Australian Manufacturing Workers' Union, argued that the proposed agreement met the requirements for registration under the Fair Work Act 2009. The dispute centred on whether the agreement adequately fulfilled the legal criteria for being a valid enterprise agreement.

The central legal issues involved whether the agreement contained all the prescribed terms and conditions, whether it was made in good faith, and whether it was appropriately certified by the Commission. Additionally, the court examined whether the agreement complied with the procedural requirements for registration, including whether the correct bargaining process was followed and if there was sufficient employee representation.

The Fair Work Commission found that the agreement met the statutory requirements for registration. The court considered the evidence of the bargaining process, the certification by the Commission, and the content of the agreement. It was determined that the agreement contained all the necessary terms and conditions and was made in good faith. The court also confirmed that the procedural requirements were satisfied, including the presence of appropriate employee representation. Consequently, the Commission approved the agreement for registration.

The final orders included the approval of the Cameron Services International Valve & Flange Management Employees Enterprise Agreement 2020 for registration under the Fair Work Act 2009. The agreement was to be registered as of the date of the decision, with the terms and conditions outlined in the agreement to take effect accordingly.

Cameron Services International 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