GE Oil & Gas Pressure Control Australia Pty Ltd

[2019] FWCA 8136

[2019] FWCA 8136

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GE Oil & Gas Pressure Control Australia Pty Ltd
(AG2019/4073)

GE OIL & GAS PRESSURE CONTROL FIELD SERVICE ENTERPRISE AGREEMENT 2018

Oil and gas industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 29 NOVEMBER 2019

Application for approval of the GE Oil & Gas Pressure Control Field Service Enterprise Agreement 2018.

[1] GE Oil & Gas Pressure Control Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the GE Oil & Gas Pressure Control Field Service Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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] I observe that clause 28.2 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement was approved on 29 November 2019 and, in accordance with s 54, will operate from 6 December 2019. The nominal expiry date of the Agreement is 29 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE506286  PR714741>

Annexure A