Esso Australia Pty Ltd

Case

[2022] FWCA 577

21 FEBRUARY 2022


[2022] FWCA 577

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Esso Australia Pty Ltd

(AG2022/265)

Esso Gippsland (Longlord and Long Island Point) Enterprise Agreement 2022

Oil and gas industry

COMMISSIONER HARPER-GREENWELL

MELBOURNE, 21 FEBRUARY 2022

Application for approval of the Esso Gippsland (Longford and Long Island Point) Enterprise Agreement 2022.

  1. An application has been made for approval of an enterprise agreement known as the Esso Gippsland (Longford and Long Island Point) 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 Esso Australia Pty Ltd. The Agreement is a single enterprise agreement.

  1. 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. The Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), Australian Manufacturing Workers Union (AMWU), and the Australian Workers’ Union (AWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

  1. The Agreement was approved on 21 February 2022 and, in accordance with s.54, will operate from 28 February 2022. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

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