DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Comdain Services Pty Ltd T/A Comdain Infrastructure
(AG2018/7004)

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

Oil and gas industry
COMMISSIONER LEE	MELBOURNE, 25 JANUARY 2019

Application for approval of the Asset Management Services (Mains & Services – Southern 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 – Southern 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 Services 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 1 February 2019. 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 Services Pty Ltd, trading as Comdain Infrastructure, brought an application before the Fair Work Commission to approve the Asset Management Services (Mains & Services – Southern Region) Enterprise Agreement 2018 – 2022. The applicant sought to have the proposed agreement registered under the Fair Work Act 2009, ensuring it would govern employment conditions for workers within the specified region over the designated period. The application was opposed by a number of unions representing employees within the organisation.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements outlined in the Fair Work Act. This involved assessing if the agreement had been made in good faith, whether it provided for a fair and efficient system of dispute resolution, and if it met the “better off overall test” for employees. Furthermore, the Commission needed to determine if the agreement had been appropriately informed and if the necessary consultation processes had been followed.

The Commission examined the evidence and submissions from both the applicant and the opposing unions. It considered whether the agreement provided for fair and reasonable terms and conditions, and whether it met the necessary statutory criteria. Ultimately, the Commission was satisfied that the agreement complied with the requirements of the Act. It was determined that the agreement was made in good faith, provided for an efficient dispute resolution process, and met the better off overall test. The Commission also found that the agreement had been appropriately informed and that proper consultation had occurred. As a result, the Commission approved the proposed enterprise agreement, finding it to be compliant with the relevant legislative provisions.

In light of the findings, the Fair Work Commission approved the Asset Management Services (Mains & Services – Southern Region) Enterprise Agreement 2018 – 2022, with effect from the date of registration. This decision ensures that the agreement will govern the employment conditions of the relevant workers for the specified period, subject to the terms and conditions outlined in the approved agreement.

Comdain Services 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