Dbngp (Wa) Nominees Pty Ltd T/A Dampier Bunbury Pipeline

[2024] FWCA 4693

[2024] FWCA 4693

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Dbngp (Wa) Nominees Pty Ltd T/A Dampier Bunbury Pipeline

(AG2024/4865)

DAMPIER BUNBURY NATURAL GAS PIPELINE (DBNGP) NATIONAL CONTROL CENTRE ENTERPRISE AGREEMENT 2024

Oil and gas industry
DEPUTY PRESIDENT O'KEEFFE	PERTH, 24 DECEMBER 2024

Application for approval of the Dampier Bunbury Natural Gas Pipeline (DBNGP) National Control Centre Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Dampier Bunbury Natural Gas Pipeline (DBNGP) National Control Centre Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dbngp (Wa) Nominees Pty Ltd T/A Dampier Bunbury Pipeline (the Applicant). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 7 May 2024 and the Agreement was made on 28 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Australian Workers Union (AWU), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. The AWU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2024. The nominal expiry date of the Agreement is 24 December 2028.

DEPUTY PRESIDENT

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