DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Comdain Services Pty Ltd T/A Comdain Infrastructure
(AG2018/7001)

ASSET MANAGEMENT SERVICES (ANCILLARY 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 (Ancillary 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 (Ancillary 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 T/A Comdain Infrastructure brought an application before the Fair Work Commission in the context of approving the Asset Management Services (Ancillary Services - Southern Region) Enterprise Agreement 2018 - 2022. The application was made under the Fair Work Act 2009, where the applicant sought the Commission's approval for the proposed enterprise agreement. The agreement was intended to regulate the employment conditions of workers within the specified region, including wages, hours of work, and other employment-related terms.

The legal issues before the Commission were whether the proposed agreement met the requirements for approval under the Fair Work Act and if it was in the best interests of the employees. Specifically, the Commission needed to determine if the agreement was made in good faith, if it complied with the relevant provisions of the Act, and whether it provided for fair and reasonable terms and conditions for the employees. Additionally, the Commission had to assess if the agreement provided for the protection of employees' rights and interests, including provisions for minimum wages, maximum hours of work, and other essential employment conditions.

In delivering its decision, the Commission carefully examined the proposed agreement and considered the submissions from both parties. The Commission noted that the agreement had been made in good faith and contained provisions that were consistent with the requirements of the Act. The agreement provided for fair and reasonable terms and conditions for employees, including minimum wages and maximum hours of work. The Commission also found that the agreement adequately protected the rights and interests of employees, including provisions for dispute resolution and the ability for employees to seek variations to the agreement. Based on this analysis, the Commission approved the Asset Management Services (Ancillary Services - Southern Region) Enterprise Agreement 2018 - 2022, finding it to be in the best interests of the employees.

In light of the approval, the Commission ordered that the Asset Management Services (Ancillary Services - Southern Region) Enterprise Agreement 2018 - 2022 be approved and registered under the Fair Work Act. The agreement would now serve as the governing document for the employment conditions of workers within the specified region for the duration of the agreement, until such time as a new agreement is negotiated or the existing one is varied or terminated in accordance with the Act.

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