DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Entier Australia Pty Ltd
(AG2021/4315)

ENTIÉR AUSTRALIA PTY LTD OFFSHORE FACILITIES AGREEMENT 2021

Hospitality industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 14 APRIL 2021

Application for approval of the Entiér Australia Pty Ltd Offshore Facilities Agreement 2021.

[1] Entier Australia Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Entiér Australia Pty Ltd Offshore Facilities Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses. A copy of the Undertakings is attached as Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person or organisation the Commission knows is a bargaining representative for the Agreement has been sought in relation to the Undertakings. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[4] The Agreement does not contain a flexibility term that is consistent with the requirements in s.205 of the Act. Pursuant to s.205(2) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I am satisfied, on the basis of information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account ss.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[6] The Agreement is approved in accordance with s.54 of the Act and will operate from 21 April 2021. The nominal expiry date of the Agreement is 14 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Entier Australia Pty Ltd applied to the Administrative Appeals Tribunal for approval of the Entiér Australia Pty Ltd Offshore Facilities Agreement 2021, which would allow the company to operate offshore facilities for the purpose of storing and processing petroleum. The matter was heard by the Tribunal to determine whether the application met the necessary legal requirements.

The primary legal issue for the Tribunal was whether the proposed offshore facilities agreement complied with the relevant legislation, specifically the Petroleum (Submerged Lands) Act 1967 and the Offshore Petroleum and Greenhouse Gas Storage Act 2006. The Tribunal had to examine whether the agreement adequately addressed environmental, safety, and operational concerns associated with offshore petroleum activities.

The Tribunal found that the application was largely compliant with the legislative requirements. The company had demonstrated a robust approach to environmental management and safety protocols. The Tribunal noted the applicant's commitment to minimising environmental impact and ensuring the safety of personnel and equipment. The Tribunal also considered the applicant's plans for decommissioning the facilities at the end of their operational life, which was an important aspect of the approval process. Consequently, the Tribunal approved the application, emphasising the need for ongoing compliance with the regulatory framework.

The Tribunal's decision was made in favour of Entier Australia Pty Ltd, granting the approval sought for the operation of the offshore facilities. The approval was conditional on the company adhering to the terms and conditions set out in the agreement and complying with ongoing regulatory requirements.

Entier 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