e2o Pty Ltd

[2023] FWCA 1712

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

e2o Pty Ltd

(AG2023/1631)

Oil and gas industry
DEPUTY PRESIDENT O’KEEFFE	PERTH, 21 JUNE 2023

Application for approval of the Waitsia Gas Plant Project Stage 2 Enterprise Agreement

An application has been made for approval of an enterprise agreement known as the Waitsia Gas Plant Project Stage 2 Enterprise Agreement (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by e2o Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the Construction, Forestry, Maritime, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the Construction, Forestry, Maritime, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 21 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter of the application for approval of the Waitsia Gas Plant Project Stage 2 Enterprise Agreement (the Agreement) was heard by Deputy President O'Keeffe of the Fair Work Commission. The Applicant, e2o Pty Ltd, sought approval of the Agreement under section 185 of the Fair Work Act 2009. The Agreement is a single enterprise agreement and was intended to cover several unions, including the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the Construction, Forestry, Maritime, Mining and Energy Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

The legal issues that the court had to consider included whether the Agreement met the requirements of sections 186, 187, and 188 of the Act and whether the undertakings provided by the Applicant would not cause financial detriment to any employee or result in substantial changes to the Agreement. The court also had to consider whether the Agreement covered the unions that had lodged a Form F18 statutory declaration giving notice under section 183 of the Act.

The Deputy President found that the requirements of sections 186, 187, and 188 of the Act had been met, and that the undertakings provided by the Applicant would not cause financial detriment to any employee or result in substantial changes to the Agreement. The court also found that the Agreement covered the unions that had lodged a Form F18 statutory declaration giving notice under section 183 of the Act. The Agreement was approved and will operate in accordance with section 54 of the Act, with a nominal expiry date of 21 June 2025.

The court's decision was based on the evidence provided by the Applicant and the unions. The Deputy President concluded that the Agreement met the requirements of the Act and that it was in the best interests of the employees and the employer. The court approved the Agreement and set its nominal expiry date as 21 June 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established