Cooper Energy Limited T/A Cooper Energy Summary

[2023] FWCA 1072

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cooper Energy Limited T/A Cooper Energy

(AG2023/913)

ATHENA OPERATIONS – EMPLOYEE AGREEMENT 2023

Oil and gas industry
COMMISSIONER CIRKOVIC	MELBOURNE, 13 APRIL 2023

Application for approval of the Athena Operations – Employee Agreement 2023

An application has been made for approval of an enterprise agreement known as the Athena Operations – Employee Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Applicant. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 13 April 2023 and, in accordance with s 54, will operate from 20 April 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cooper Energy Limited T/A Cooper Energy, a company involved in petroleum exploration and production, applied to the Fair Work Commission for approval of the Athena Operations – Employee Agreement 2023. The company sought to ensure that its proposed agreement, which detailed terms and conditions for its employees, complied with the Fair Work Act 2009. The application arose from a need to align the terms of employment with regulatory standards and ensure fair treatment of employees.

The central legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, including wages and other entitlements, and whether it complied with the provisions of the Act regarding the protection of employees’ rights. The Commission also needed to assess if the agreement was genuinely negotiated and whether it provided for a fair process for resolving disputes.

The Fair Work Commission carefully examined the proposed agreement, considering the statutory criteria set out in the Fair Work Act. The Commission assessed the agreement's provisions for wages, hours of work, leave entitlements, and other conditions. The Commission concluded that the proposed agreement was fair and reasonable, as it provided for adequate wages and benefits and ensured compliance with the statutory minimum standards. The Commission further found that the agreement was genuinely negotiated and contained appropriate dispute resolution mechanisms. Therefore, the Commission approved the proposed agreement, ensuring that it met the legal requirements under the Fair Work Act.

The Fair Work Commission granted approval for the Athena Operations – Employee Agreement 2023, confirming its compliance with the Fair Work Act. The decision ensures that the agreement provides fair terms and conditions for employees and aligns with statutory requirements. This approval allows Cooper Energy Limited to implement the agreed terms, providing certainty and stability for both the company and its employees.

Cooper Energy Limited T/A Cooper Energy

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established