| [2024] FWCA 874 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Entier Australia Pty Ltd
(AG2024/235)
ENTIER AUSTRALIA PTY LTD AND MUA OFFSHORE OIL AND GAS ENTERPRISE AGREEMENT 2024
| Maritime, Oil and Gas industry | |
| DEPUTY PRESIDENT SLEVIN | SYDNEY, 8 MARCH 2024 |
Application for approval of the Entier Australia Pty Ltd and MUA Offshore Oil and Gas Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Entier Australia Pty Ltd and MUA Offshore Oil and Gas Enterprise Agreement 2024 (the Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Entier Australia Pty Ltd T/A Entier Australia Pty Ltd. The Agreement is a single enterprise agreement.
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 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 the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Maritime Union of Australia Division of the Construction, Forestry and Maritime Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover the union. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement was approved on 8 March 2024 and, in accordance with s.54, will operate from 15 March 2024. The nominal expiry date of the Agreement at clause 2.1 is 1 August 2027.
DEPUTY PRESIDENT
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- AGLC
- Entier Australia Pty Ltd [2024] FWCA 874
- Case
- [2024] FWCA 874
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved whether the enterprise agreement was genuinely negotiated between the parties, if it contained the necessary minimum terms prescribed by the Fair Work Act, and if it complied with the good faith bargaining requirements. The court also examined if the agreement was fair and reasonable in all its aspects.
The Fair Work Commission found that the agreement had been genuinely negotiated and contained all the minimum terms required by the Act. The Commission noted that the parties had demonstrated good faith in their bargaining process. Additionally, the terms of the agreement were deemed fair and reasonable, taking into account the specific industry context and the needs of both employers and employees. Consequently, the application for approval was granted, and the enterprise agreement was registered.
The final orders of the Fair Work Commission included the approval and registration of the Entier Australia Pty Ltd and MUA Offshore Oil and Gas Enterprise Agreement 2024, effective from the date of the decision. The agreement was to be applicable to all employees covered by the enterprise, and the terms of the agreement would govern the employment conditions for the duration specified.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Ratio Decidendi
Legal Principle Established
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