DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Decmil Australia Pty Ltd
(AG2015/7172)

DECMIL AGREEMENT 2015

Oil and gas industry
COMMISSIONER LEE	MELBOURNE, 16 FEBRUARY 2016

Application for approval of the Decmil Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Decmil Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Decmil Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2016. The nominal expiry date of the Agreement is 15 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In Decmil Australia Pty Ltd, the applicant sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question was the Decmil Agreement 2015, which was the subject of a dispute between the applicant and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the terms and conditions outlined in the proposed agreement, which the union contested on behalf of its members. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the Decmil Agreement 2015 had been made in good faith, whether it contained the requisite procedural fairness, and whether it met the requirements for a protected action bargaining agreement. Additionally, the court had to consider whether the agreement contained terms that were contrary to public policy or contrary to the provisions of the Fair Work Act. The Commission was required to ensure that the agreement was fair and reasonable, and that it did not undermine the rights of employees.

The Fair Work Commission examined the evidence and submissions provided by both parties to determine whether the Decmil Agreement 2015 met the legal standards for approval. The Commission found that the agreement had been made in good faith and that it contained the necessary procedural fairness. The court also determined that the agreement did not contravene any public policy or the provisions of the Fair Work Act. Based on these findings, the Commission approved the Decmil Agreement 2015, ruling that it was fair and reasonable for the purposes of the Act.

The court's final orders were to approve the Decmil Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take all necessary steps to give effect to the approved agreement. The decision provided clarity and certainty for both the applicant and the union, allowing them to move forward with the terms and conditions outlined in the agreement.

Decmil Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established