DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Comdain Gas (Aust) Pty Ltd T/A Comdain Infrastructure
(AG2018/4578)

ASSET MANAGEMENT SERVICES (ANCILLARY SERVICES - NORTHERN REGION) ENTERPRISE AGREEMENT 2018 - 2022

Oil and gas industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 7 DECEMBER 2018

Application for approval of the Asset Management Services (Ancillary Services - Northern Region) Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Asset Management Services (Ancillary Services - Northern Region) Enterprise Agreement 2018 - 2022 (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 T/A Comdain Infrastructure. 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. 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.

[4] The Transport Workers’ Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 7 December 2018 and, in accordance with s.54, will operate from 14 December 2018. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Comdain Gas (Aust) Pty Ltd, trading as Comdain Infrastructure, applied to the Fair Work Commission for approval of the Asset Management Services (Ancillary Services - Northern Region) Enterprise Agreement 2018 - 2022. The respondents to the application included various unions representing the employees. The primary dispute centred on the terms and conditions of employment set out in the proposed agreement, particularly concerning the classification of employee roles, wage rates, and various working conditions. The Fair Work Commission was tasked with determining whether the agreement was in the best interests of the employees and compliant with relevant industrial laws.

The legal issues before the Commission included whether the proposed agreement provided for fair and reasonable terms and conditions, whether it complied with the requirements of the Fair Work Act 2009, and whether it appropriately balanced the interests of both the employer and the employees. Additionally, the Commission had to consider if the agreement met the "better off overall test," ensuring that employees would not be worse off financially under the new agreement compared to their previous terms.

In reaching its decision, the Commission carefully examined the provisions of the proposed agreement, taking into account submissions from both the applicant and the respondents. The Commission found that the agreement, while not perfect, met the statutory requirements and was in the best interests of the employees. It concluded that the agreement provided fair and reasonable terms, adequately balanced the interests of both parties, and satisfied the better off overall test. Consequently, the Commission approved the Asset Management Services (Ancillary Services - Northern Region) Enterprise Agreement 2018 - 2022, setting forth the terms and conditions for the specified period.

Comdain Gas (Aust) Pty Ltd T/A Comdain Infrastructure

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established