DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Comdain Gas (Aust.) Pty Ltd T/A Comdain Infrastructure
(AG2018/5688)

ASSET MANAGEMENT SERVICES (MAINS & SERVICES – NORTHERN REGION) ENTERPRISE AGREEMENT 2018 – 2022

Oil and gas industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 FEBRUARY 2019

Application for approval of the Asset Management Services (Mains & 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 (Mains & 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 26 February 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Comdain Gas (Aust.) Pty Ltd, trading as Comdain Infrastructure, brought an application before the Fair Work Commission for approval of the Asset Management Services (Mains & Services – Northern Region) Enterprise Agreement 2018 – 2022. The dispute centred around the terms of the proposed enterprise agreement between the employer and its employees, specifically those classified as asset management services employees within the northern region. The Commission was tasked with ensuring that the agreement complied with the Fair Work Act 2009 and other relevant industrial laws.

The legal issues before the Commission included whether the agreement appropriately covered all matters stipulated by the Act, whether it was free from any illegality or inequity, and whether it had been genuinely negotiated. The Commission also had to determine if the agreement provided for the appropriate process for resolving future workplace disputes and whether it had been appropriately registered. These issues were critical in assessing the fairness and enforceability of the agreement.

In its decision, the Commission thoroughly examined the negotiation process and the contents of the agreement. It found that the agreement had been genuinely negotiated and covered all required matters. The Commission also confirmed that the agreement was free from any illegality or inequity and provided suitable mechanisms for resolving future disputes. Consequently, the Commission approved the Asset Management Services (Mains & Services – Northern Region) Enterprise Agreement 2018 – 2022, finding it compliant with the legislative requirements.

The final orders of the Commission included the approval of the enterprise agreement as presented, with conditions that the agreement be implemented in accordance with the Fair Work Act. This decision provided clarity and legal certainty for both the employer and the employees involved, ensuring that the terms of the agreement could be enforced moving forward.

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