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

[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

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.

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.

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.

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

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Dbngp (Wa) Nominees Pty Ltd trading as Dampier Bunbury Pipeline, sought approval of the Dampier Bunbury Natural Gas Pipeline (DBNGP) National Control Centre Enterprise Agreement 2024 from the Fair Work Commission. The applicants argued that the agreement provided fair and reasonable terms for the employees of the DBNGP National Control Centre. The Commission's task was to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009, including that it provided for the fair and reasonable terms of employment.

The key legal issues before the Commission were whether the agreement satisfied the requirements of the Fair Work Act, particularly whether it provided for the fair and reasonable terms of employment. This involved assessing whether the agreement provided for terms and conditions of employment that were consistent with the national minimum standards set out in the National Employment Standards and whether it addressed the needs of the employees in a fair and reasonable manner. The Commission also considered whether the agreement provided for appropriate mechanisms for dispute resolution and whether it had been made in good faith and without coercion.

The Commission found that the agreement met the legal requirements for approval. It determined that the agreement provided for terms and conditions of employment that were consistent with the national minimum standards and that it addressed the needs of the employees in a fair and reasonable manner. The Commission also found that the agreement provided for appropriate mechanisms for dispute resolution and that it had been made in good faith and without coercion. The Commission was satisfied that the agreement provided for the fair and reasonable terms of employment and that it met the requirements of the Fair Work Act.

The Commission approved the Dampier Bunbury Natural Gas Pipeline (DBNGP) National Control Centre Enterprise Agreement 2024, finding that it met the legal requirements for approval. The applicants were successful in their application for the approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established