Exterran (Australia) Pty Ltd

[2013] FWCA 8609

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Exterran (Australia) Pty Ltd
(AG2013/9898)

EXTERRAN (AUSTRALIA) PTY LTD - WEST COAST ENTERPRISE AGREEMENT 2013-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 31 OCTOBER 2013

Application for approval of the Exterran (Australia) Pty Ltd - West Coast Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Exterran (Australia) Pty Ltd - West Coast Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Exterran (Australia) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 7 November 2013. The nominal expiry date of the Agreement is 1 November 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Exterran (Australia) Pty Ltd recently came before the Fair Work Commission in an application for approval of the Exterran (Australia) Pty Ltd - West Coast Enterprise Agreement 2013 - 2017. The matter was brought before the Commission following a dispute between Exterran (Australia) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary issue was whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues addressed by the Commission were whether the agreement contained provisions that were contrary to public policy, failed to provide for a minimum rate of pay and conditions, or did not comply with the procedural requirements for approval. Specifically, the Commission had to consider whether the agreement adequately protected the rights of employees and whether it was fairly negotiated. The Commission also needed to assess whether the agreement provided for an appropriate balance between the interests of the employer and employees.

In delivering its decision, the Commission thoroughly examined the provisions of the agreement and the submissions from both parties. The Commission found that the agreement was fair and balanced, providing for appropriate protections for employees while also allowing the employer to operate effectively. The Commission noted that the agreement contained provisions for minimum rates of pay and conditions, and it did not contravene any public policy. Furthermore, the Commission was satisfied that the agreement had been fairly negotiated and was in compliance with the procedural requirements for approval. As a result, the Commission approved the Exterran (Australia) Pty Ltd - West Coast Enterprise Agreement 2013 - 2017, confirming its validity and enforceability.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established