DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fluor Global Services Australia Pty Ltd
(AG2018/409)

FLUOR GLOBAL SERVICES AUSTRALIA PTY LTD, PILBARA REGION, BHP, MAINTENANCE ENTERPRISE AGREEMENT 2018

Mining industry
COMMISSIONER LEE	MELBOURNE, 8 JUNE 2018

Application for approval of the Fluor Global Services Australia Pty Ltd, Pilbara Region, BHP, Maintenance Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Fluor Global Services Australia Pty Ltd, Pilbara Region, BHP, Maintenance Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fluor Global Services Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2018. The nominal expiry date of the Agreement is 7 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fluor Global Services Australia Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement, which was proposed to replace the existing Pilbara Region, BHP, Maintenance Enterprise Agreement 2018. The application was contested by the Australian Manufacturing Workers’ Union, which raised objections on behalf of its members. The Commission was tasked with determining whether the new agreement should be approved under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the new agreement met the requirements of the Fair Work Act, particularly the "better off overall test" (BOOT), which mandates that an enterprise agreement must provide employees with outcomes no less favourable than their previous conditions of employment. The Commission also needed to assess whether the new agreement included appropriate dispute resolution mechanisms and if it complied with other statutory obligations.

In making its decision, the Commission evaluated the provisions of the new agreement against the existing enterprise agreement and relevant industrial instruments. It considered the views of the union and the employer, as well as the evidence provided by both parties. The Commission found that the new agreement satisfied the BOOT, as it did not disadvantage the employees and provided for a range of improvements. Additionally, it confirmed that the new agreement contained suitable dispute resolution provisions and complied with other statutory requirements. Consequently, the Commission approved the Fluor Global Services Australia Pty Ltd, Pilbara Region, BHP, Maintenance Enterprise Agreement 2018.

The Fair Work Commission approved the new enterprise agreement, which will now apply to the employees of Fluor Global Services Australia Pty Ltd in the Pilbara region. This decision resolves the dispute and sets the terms and conditions of employment for the affected workers.

Fluor Global Services Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established