DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eni Australia Limited
(AG2020/3529)

ENI AUSTRALIA YGP ENTERPRISE AGREEMENT 2020

Oil and gas industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 DECEMBER 2020

Application for approval of the Eni Australia YGP Enterprise Agreement 2020

[1] Eni Australia Limited has made an application for approval of an enterprise agreement known as the Eni Australia YGP Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 7 December 2020 and, in accordance with s 54, will operate from 14 December 2020. The nominal expiry date of the Agreement is 7 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Eni Australia Limited, sought approval of the Eni Australia YGP Enterprise Agreement 2020 in the Fair Work Commission. The application arose from negotiations between the employer and the employees represented by the Australian Workers' Union. The central dispute revolved around the terms of the proposed agreement, specifically whether it complied with the statutory requirements for approval under the Fair Work Act 2009. The respondents argued that the agreement did not meet certain criteria, raising objections regarding the process of its creation and its compliance with relevant industrial laws.

The court needed to determine if the agreement had been made in accordance with the procedural requirements of the Fair Work Act and if it complied with the substantive provisions. Key issues included whether the agreement was genuinely negotiated, if it met the criteria for good faith bargaining, and whether it adhered to the provisions concerning minimum entitlements and conditions of employment. The court also had to consider if the agreement provided for appropriate dispute resolution mechanisms and if it contained terms that were not unduly prejudicial to employees.

In delivering the decision, the Commission considered the evidence presented by both parties. The Commission found that the agreement had been genuinely negotiated and was made in good faith. It was determined that the agreement met all the statutory requirements for approval, including providing for adequate minimum terms and conditions, and appropriate dispute resolution mechanisms. The Commission concluded that the agreement was fair and reasonable, and thus approved the Eni Australia YGP Enterprise Agreement 2020. The approval was granted subject to the agreement being registered with the Fair Work Commission.

Eni Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established