Exterran (Australia) Pty Ltd

[2013] FWCA 2714

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Exterran (Australia) Pty Ltd
(AG2013/703)

EXTERRAN (AUSTRALIA) PTY LTD - QGC ON-SITE ENTERPRISE AGREEMENT 2013-2017

Oil and gas industry
COMMISSIONER BOOTH	BRISBANE, 6 MAY 2013

Application for approval of the Exterran (Australia) Pty Ltd - QGC On-Site Enterprise Agreement 2013-2017.

[1] An application has been made for approval of a single enterprise agreement known as the Exterran (Australia) Pty Ltd - QGC On-Site Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Exterran (Australia) Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2013. The nominal expiry date of the Agreement is 1 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Exterran (Australia) Pty Ltd, an employer, and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the application for approval of the Exterran (Australia) Pty Ltd - QGC On-Site Enterprise Agreement 2013-2017. The matter was heard in the Fair Work Commission, an Australian government body responsible for resolving workplace disputes and promoting fair work practices.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement complied with the procedural fairness requirements, including whether the employer had genuinely consulted with the employees and whether the employees had an opportunity to provide feedback on the agreement. The Commission also considered if the agreement's provisions were consistent with the Fair Work Act's minimum standards and if it provided for a fair and reasonable resolution of the employees' terms and conditions of employment.

The Fair Work Commission found that the employer had made a genuine effort to consult with the employees and provide them with an opportunity to comment on the proposed agreement. The Commission noted that the employer had undertaken extensive consultation processes, including multiple meetings and the distribution of detailed information about the agreement. The Commission concluded that the employer's efforts to consult with the employees were sufficient to meet the procedural fairness requirements. Furthermore, the Commission found that the agreement's provisions were consistent with the minimum standards set out in the Fair Work Act and provided for a fair and reasonable resolution of the employees' terms and conditions of employment. As a result, the Commission approved the Exterran (Australia) Pty Ltd - QGC On-Site Enterprise Agreement 2013-2017.

The Fair Work Commission's decision in this case highlights the importance of genuine consultation and providing employees with an opportunity to comment on proposed enterprise agreements. Employers must undertake meaningful consultation processes and provide employees with detailed information about the agreement to meet the procedural fairness requirements. The Commission's decision also underscores the importance of ensuring that enterprise agreements comply with the minimum standards set out in the Fair Work Act and provide for a fair and reasonable resolution of the employees' terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established