Comdain Gas (Aust) Pty Ltd

[2014] FWCA 4660

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Comdain Gas (Aust) Pty Ltd
(AG2014/1659)

COMDAIN GAS (AUST) PTY LTD & COMDAIN SERVICES PTY LTD - MAINS & SERVICES 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 - Mains & Services 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 - Mains & Services 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 and Comdain Services Pty Ltd applied for the approval of the Mains & Services Enterprise Agreement 2014-2018. The application was heard in the Fair Work Commission, presided over by Commissioner B.A. Lee. The dispute arose over whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees involved.

The court was tasked with determining whether the agreement was a "low paid" agreement and whether it complied with the "better off overall test" under the Fair Work Act. This required the court to examine the terms of the agreement and compare them with the applicable award rates to ensure that employees would not be worse off overall. The court also had to consider the extent to which the agreement allowed for flexibility in work arrangements and the implications for employees' work-life balance.

The Fair Work Commission approved the agreement, finding that it was a "low paid" agreement and that it met the better off overall test. The court noted that the agreement provided for increased wages and better conditions for employees, despite some concessions made by the employees. The court also found that the agreement allowed for reasonable flexibility in work arrangements, which was beneficial for both the employer and employees. The approval was granted on the condition that the agreement would be reviewed in two years to ensure that it continued to meet the needs of both parties.

The final orders of the court were that the Mains & Services Enterprise Agreement 2014-2018 be approved, subject to the condition that it would be reviewed in two years. The court also ordered that the agreement be registered with the Fair Work Commission and that the employer and employees be bound by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established