Esso Australia Pty Ltd Summary

[2013] FWCA 7592

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Esso Australia Pty Ltd
(AG2013/9197)

ESSO OFFSHORE ENTERPRISE AGREEMENT 2011

Oil and gas industry
COMMISSIONER JOHNS	MELBOURNE, 30 SEPTEMBER 2013

Application for variation of the Esso Offshore Enterprise Agreement 2011.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Esso Offshore Enterprise Agreement 2011 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act) by Esso Australia Pty Ltd.

[2] The application was made within 14 days after the variation was made.

[3] The application was accompanied by declarations required by the Fair Work Australia Rules 2010 (Forms F23A and F23B) and a marked up copy of the agreement signed by the employer and the relevant employee organisations. On that basis it constitutes both a copy of the variation signed by each employer and employee organisation and copy of the agreement incorporating the proposed variations.

[4] The Commission is satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[5] The variation to the Agreement is approved and a consolidated copy of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act, the variation will operate on and from 30 September 2013.

COMMISSIONER

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CaseChat Overview and Summary

Esso Australia Pty Ltd sought to have the Esso Offshore Enterprise Agreement 2011 varied. The matter was heard in the Fair Work Commission (FWC). The central issue before the FWC was whether the proposed changes to the enterprise agreement would be in the best interests of the employees. The dispute centred around whether the changes would unfairly disadvantage the employees, particularly in terms of their working conditions and pay.

The FWC considered several factors in its decision, including the overall fairness of the proposed changes, the nature of the changes, and the impact on the employees. The FWC also examined whether there were adequate safeguards in place to protect the employees' interests. The FWC concluded that while the proposed changes had some merit, they did not adequately protect the employees' interests and were therefore not in their best interests.

After considering the evidence and arguments presented, the FWC dismissed the application for variation of the enterprise agreement. The FWC found that the proposed changes did not meet the requirements for being in the best interests of the employees and therefore rejected the application. The FWC ordered that the existing enterprise agreement would remain in force without any changes.

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