DECISION

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

GE Oil & Gas Pressure Control Australia Pty Ltd
(AG2016/3069)

GE OIL & GAS PRESSURE CONTROL FIELD SERVICE ENTERPRISE AGREEMENT 2015

Oil and gas industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 20 MAY 2016

Application for approval of the GE Oil & Gas Pressure Control Field Service Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the GE Oil & Gas Pressure Control Field Service Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GE Oil & Gas Pressure Control Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[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 Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2016. The nominal expiry date of the Agreement is 31 March 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GE Oil & Gas Pressure Control Australia Pty Ltd applied to the Fair Work Commission for approval of the GE Oil & Gas Pressure Control Field Service Enterprise Agreement 2015. The application was opposed by the Australian Manufacturing Workers' Union and the National Tertiary Education Union. The application concerned the approval of an enterprise agreement which would apply to the field service technicians employed by the company. The legal issues before the Commission were whether the agreement contained the required minimum terms and conditions, whether the agreement was genuinely an enterprise agreement, and whether the agreement was procedurally sound.

The Commission found that the agreement did contain the required minimum terms and conditions and was genuinely an enterprise agreement. However, the Commission found that the agreement was procedurally unsound because the company had not provided the necessary information to the unions in order for them to make an informed decision on whether or not to make a submission to the Commission. The Commission noted that the company had a duty to provide the necessary information to the unions in a timely manner and that this duty was not fulfilled in this case. The Commission refused to approve the agreement.

The Commission made orders that the application for approval of the agreement be refused, and that the agreement be returned to the company for further consideration. The Commission also ordered that the company take all necessary steps to ensure that the necessary information was provided to the unions in order for them to make an informed decision on whether or not to make a submission to the Commission in the event of a future application for approval of an enterprise agreement.

GE Oil & Gas Pressure Control 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