DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cape Australia Onshore Pty Ltd
(AG2015/3899)

CAPE AUSTRALIA BP KWINANA REFINERY MAINTENANCE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 14 JULY 2015

Application for approval of the Cape Australia BP Kwinana Refinery Maintenance Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cape Australia BP Kwinana Refinery Maintenance 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 Cape Australia Onshore 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 Agreement was approved on 14 July 2015 and, in accordance with s.54, will operate from 21 July 2015. The nominal expiry date of the Agreement is 14 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Cape Australia Onshore Pty Ltd for the approval of the Cape Australia BP Kwinana Refinery Maintenance Enterprise Agreement 2015. The dispute arose as the applicant sought to have the agreement recognised as meeting the requirements for approval under the Fair Work Act 2009. The applicants and respondents included several unions and employees who were parties to the agreement.

The central legal issue before the commission was whether the agreement complied with the various statutory requirements for approval. This included ensuring that the agreement contained all the prescribed terms, was negotiated in good faith, and that the necessary procedural requirements had been met. Additionally, the commission needed to determine if the agreement provided for the appropriate classification and remuneration of employees and if it adhered to any relevant national employment standards.

The commission found that the agreement did meet all the statutory requirements for approval. The agreement was deemed to have been negotiated in good faith, contained all the prescribed terms, and satisfied the necessary procedural requirements. The commission also found that the agreement provided for the appropriate classification and remuneration of employees and adhered to relevant national employment standards. Consequently, the commission approved the agreement, finding it to be in compliance with the provisions of the Fair Work Act 2009.

The Fair Work Commission approved the Cape Australia BP Kwinana Refinery Maintenance Enterprise Agreement 2015, finding it to be in compliance with the Fair Work Act 2009. The commission found that the agreement met all the statutory requirements for approval, including the requirement for good faith negotiation, the inclusion of all prescribed terms, and adherence to relevant national employment standards. The agreement was thus approved and is now a legally binding enterprise agreement.

Cape Australia Onshore 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