DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrical & Pumping Services Australia Pty Ltd
(AG2015/4227)

ELECTRICAL & PUMPING SERVICES AUSTRALIA PTY LTD WHEATSTONE OFFSHORE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 AUGUST 2015

Application for approval of the Electrical & Pumping Services Australia Pty Ltd Wheatstone Offshore Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Electrical & Pumping Services Australia Pty Ltd Wheatstone Offshore Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Electrical & Pumping Services Australia Pty Ltd. The Agreement is a greenfields 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Based on statutory declaration provided by the organisation, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement was approved on 11 August 2015 and, in accordance with s.54, will operate from 18 August 2015. The nominal expiry date of the Agreement is 30 April 2018

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Electrical & Pumping Services Australia Pty Ltd, the Fair Work Commission was tasked with determining whether to approve the Electrical & Pumping Services Australia Pty Ltd Wheatstone Offshore Agreement 2015. The application for approval was made by the employer, Electrical & Pumping Services Australia Pty Ltd, and the agreement was being considered under the Fair Work Act 2009. The dispute centred around whether the proposed agreement met the necessary criteria for approval, including ensuring fair and reasonable terms and conditions of employment for the workers involved.

The primary legal issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions of employment. This involved assessing the agreement against various statutory criteria, including whether it complied with the national minimum standards and provided for fair and reasonable terms and conditions. Additionally, the Commission had to consider whether the agreement adequately represented the interests of the employees, particularly given the specialised nature of the work and the offshore working environment.

In delivering its decision, the Commission examined the provisions of the agreement in detail, noting the specific terms and conditions it proposed for the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions, taking into account the specialised nature of the work and the offshore environment. The Commission also considered the process by which the agreement was negotiated and concluded that it adequately represented the interests of the employees. Given these findings, the Commission determined that the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The Commission approved the Electrical & Pumping Services Australia Pty Ltd Wheatstone Offshore Agreement 2015, effective from the date of the decision. The approval was based on the determination that the agreement provided for fair and reasonable terms and conditions and adequately represented the interests of the employees. The decision provides a clear framework for the terms and conditions of employment for the workers involved, ensuring compliance with national standards while accommodating the unique requirements of the offshore work environment.

Electrical & Pumping Services 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