Comdain Gas (Aust) Pty Ltd

[2014] FWCA 4658

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Comdain Gas (Aust) Pty Ltd
(AG2014/1661)

COMDAIN GAS (AUST) PTY LTD & COMDAIN SERVICES PTY LTD - MECHANICAL & SYSTEMS ENTERPRISE AGREEMENT 2014-2018

Oil and gas industry
COMMISSIONER CRIBB	MELBOURNE, 11 JULY 2014

Application for approval of the Comdain Gas (Aust) Pty Ltd & Comdain Services Pty Ltd - Mechanical & Systems Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Comdain Gas (Aust) Pty Ltd & Comdain Services Pty Ltd - Mechanical & Systems Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Comdain Gas (Aust) 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 Transport Workers’ Union of Australia (TWU) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 11 July 2014 and, in accordance with s.54 of the Act, will operate from 18 July 2014. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Comdain Gas (Aust) Pty Ltd applied to the Fair Work Commission for approval of a proposed enterprise agreement. The application was made under section 230 of the Fair Work Act 2009. The proposed agreement, the Comdain Gas (Aust) Pty Ltd & Comdain Services Pty Ltd - Mechanical & Systems Enterprise Agreement 2014-2018, was to be applied to employees of Comdain Gas (Aust) Pty Ltd and Comdain Services Pty Ltd, who are part of the mechanical and systems enterprise. The dispute involved the terms and conditions of employment, including wages, hours of work, and other matters as specified in the agreement.

The legal issues before the Fair Work Commission were whether the proposed agreement met the requirements of section 230 of the Fair Work Act, including the "better off overall test" (BOOT), and whether it complied with the good faith bargaining requirements. The Commission had to assess if the agreement provided employees with a direct or indirect financial benefit and if it was in the best interests of the employees, considering all relevant factors. Additionally, the Commission examined whether the bargaining process was conducted in good faith and if the agreement was made without any coercion or undue influence.

The Fair Work Commission determined that the proposed agreement did meet the BOOT, as it provided employees with a direct financial benefit in the form of wage increases and improved conditions. The Commission concluded that the agreement was in the best interests of the employees, taking into account the overall benefits provided and the context of the bargaining process. Furthermore, the Commission found that the agreement was made in good faith, as both parties engaged in genuine negotiations and reached a consensus on the terms and conditions of employment. Based on these findings, the Fair Work Commission approved the proposed agreement.

In approving the agreement, the Fair Work Commission made orders under section 231 of the Fair Work Act, declaring that the Comdain Gas (Aust) Pty Ltd & Comdain Services Pty Ltd - Mechanical & Systems Enterprise Agreement 2014-2018 would be applicable to the relevant employees and would have effect as a registered agreement from the date of approval. The orders also included provisions for the agreement to be tabled in the Federal Parliament for 15 sitting days and to be made available for public inspection.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established