ENSCO Australia Pty Ltd

[2022] FWCA 3333

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ENSCO Australia Pty Ltd

(AG2022/3824)

Ensco Australia Pty Limited Enterprise Agreement 2022

Oil and gas industry
COMMISSIONER SPENCER	BRISBANE, 26 SEPTEMBER 2022

Application for approval of the Ensco Australia Pty Limited Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Ensco Australia Pty Limited Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ensco Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Australian Workers’ Union (AWU) 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) I note that the Agreement covers the AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2022. The nominal expiry date of the Agreement is 26 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ENSCO Australia Pty Ltd, represented by the employer, applied for approval of the Ensco Australia Pty Limited Enterprise Agreement 2022, before the Fair Work Commission (FWC). The dispute centred on whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the FWC was required to determine if the agreement provided for fair and reasonable terms and conditions, including pay and conditions for employees.

The central legal issues involved assessing whether the agreement met the FWC's criteria for approval, including whether it provided for fair remuneration and conditions, and if it complied with the procedural requirements for an enterprise agreement. The FWC had to consider whether the agreement addressed all bargaining obligations and whether it provided for the resolution of any disputes that might arise under the agreement.

The FWC found that the agreement met the necessary criteria for approval. The Commission held that the agreement provided for fair and reasonable terms and conditions of employment, including adequate pay and conditions for employees. The FWC noted that the agreement included provisions for resolving disputes and that it complied with the procedural requirements for an enterprise agreement. The FWC was satisfied that all bargaining obligations were addressed in the agreement, and it concluded that the agreement was fair and reasonable.

The FWC approved the Ensco Australia Pty Limited Enterprise Agreement 2022, with the approval taking effect from the date of the FWC's decision. The decision was made under the authority of the Fair Work Act 2009, and the agreement was deemed to be a registered agreement. The FWC's approval ensured that the agreement would be legally binding on the parties and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established