DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2021/5604)

CLEANAWAY HYDROCARBONS REFINERS RUTHERFORD ENTERPRISE AGREEMENT 2021

Oil and gas industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 JUNE 2021

Application for approval of the Cleanaway Hydrocarbons Refiners Rutherford Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Hydrocarbons Refiners Rutherford Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 July 2021. The nominal expiry date of the Agreement is 14 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd applied for the approval of the Cleanaway Hydrocarbons Refiners Rutherford Enterprise Agreement 2021. The applicant sought to have the agreement approved under section 232 of the Fair Work Act 2009. The dispute arose as the parties were unable to reach an agreement regarding certain terms and conditions of employment, leading to the need for a court determination.

The legal issues before the court involved whether the proposed agreement met the statutory requirements for approval. This included whether the agreement complied with the provisions of the Fair Work Act, specifically concerning the coverage of the agreement, the parties involved, and the fairness of the terms. The court also had to assess whether the agreement provided for a fair and efficient system for resolving disputes and whether it included appropriate mechanisms for good faith bargaining.

In reaching its decision, the court examined the agreement in detail and considered submissions from both parties. The court found that the agreement complied with the requirements of the Fair Work Act and was fair and reasonable. The court noted that the agreement provided for a comprehensive system for resolving disputes, included provisions for good faith bargaining, and was supported by a majority of the relevant employees. The court was satisfied that the agreement was in the best interests of the employees and approved the agreement under section 232 of the Fair Work Act 2009.

The final orders of the court were that the Cleanaway Hydrocarbons Refiners Rutherford Enterprise Agreement 2021 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the approval. The court's decision was based on the finding that the agreement met all the statutory requirements for approval and was fair and reasonable for the employees involved.

Cleanaway Operations 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