Esso Australia Pty Ltd Summary

[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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Esso Australia Pty Ltd applied to the Fair Work Commission for approval of the Esso Gippsland (Longford and Long Island Point) Enterprise Agreement 2022. The application was brought by Esso Australia, and the application was opposed by the Maritime Union of Australia. The primary dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. The legal issues involved whether the agreement provided for the fair treatment of employees, including adequate minimum rates of pay, provisions for overtime, penalties for non-compliance, and other matters stipulated in the Act. Furthermore, the court had to consider if the agreement complied with procedural requirements, including proper consultation with employee representatives and the provision of relevant documentation.

The Fair Work Commission assessed the agreement against the statutory provisions and found that it met the substantive requirements of the Act. The agreement provided for fair minimum rates of remuneration and contained provisions for overtime, penalties for non-compliance, and other necessary terms. The Commission also confirmed that the procedural requirements had been met, with adequate consultation and provision of information to the employees and their representatives. The Commission found that the agreement was fair and balanced and met all the necessary legislative criteria for approval.

Consequently, the Fair Work Commission approved the Esso Gippsland (Longford and Long Island Point) Enterprise Agreement 2022. The decision confirmed the agreement's compliance with the Fair Work Act 2009 and its procedural requirements. The approval ensures that the agreement will govern the terms and conditions of employment for the relevant employees within the specified areas.

Esso Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established