DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrical & Pumping Services Australia Pty Ltd T/A EPS Group Australia
(AG2015/6109)

ELECTRICAL & PUMPING SERVICES AUSTRALIA PTY LTD (ELECTRICAL) - GORGON PROJECT - BARROW ISLAND ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 18 NOVEMBER 2015

Application for approval of the Electrical & Pumping Services Australia Pty Ltd (Electrical) - Gorgon Project - Barrow Island Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Electrical & Pumping Services Australia Pty Ltd (Electrical) - Gorgon Project - Barrow Island Enterprise 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 Electrical & Pumping Services Australia Pty Ltd T/A EPS Group Australia. 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 25 November 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Electrical & Pumping Services Australia Pty Ltd (EPS), trading as EPS Group Australia, applied to the Fair Work Commission (FWC) for the approval of the Electrical & Pumping Services Australia Pty Ltd (Electrical) - Gorgon Project - Barrow Island Enterprise Agreement 2015. The dispute arose from negotiations between EPS and its employees over the terms and conditions of employment for workers involved in the Gorgon Project on Barrow Island. The FWC was required to determine whether the agreement met the requirements of the Fair Work Act 2009 (Cth) and was in the best interests of the employees.

The primary legal issues before the FWC involved whether the agreement contained all the prescribed minimum terms and conditions, was made in good faith, and complied with the relevant provisions of the Fair Work Act. Additionally, the FWC had to consider if the agreement was in the best interests of the employees and if it provided for proper consultation and negotiation processes.

The FWC assessed the agreement against the statutory requirements and found that it included all the prescribed minimum terms and conditions. The FWC also concluded that the agreement was made in good faith and complied with the Fair Work Act. Furthermore, the FWC determined that the agreement was in the best interests of the employees, as it provided fair and reasonable terms of employment. The FWC was satisfied that proper consultation and negotiation processes were followed in the making of the agreement.

The FWC approved the Electrical & Pumping Services Australia Pty Ltd (Electrical) - Gorgon Project - Barrow Island Enterprise Agreement 2015, effective from 1 July 2015. The approval ensures that the agreement will be legally binding on the parties and will provide a framework for the employment relationship between EPS and its employees involved in the Gorgon Project on Barrow Island.

Electrical & Pumping Services Australia Pty Ltd T/A EPS Group Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established