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

Annexure A

CaseChat Overview and Summary

The case involves GE Oil & Gas Pressure Control Australia Pty Ltd and the Fair Work Commission, focusing on the approval of the GE Oil & Gas Pressure Control Field Service Enterprise Agreement 2018. This agreement was submitted for approval under the Fair Work Act 2009. The primary dispute centred on whether the agreement met the criteria for "better off overall" as stipulated by the Act and if it appropriately balanced the interests of employees and employers.

The legal issues before the Commission were whether the proposed agreement provided fair and reasonable terms for the employees, if it ensured a safety net of minimum entitlements, and whether it allowed for genuine flexibility and productivity improvements. The Commission needed to determine if the agreement was in line with the Fair Work Act's objectives, specifically ensuring that employees were not disadvantaged compared to the applicable award or certified agreement.

The Fair Work Commission found that the agreement satisfied the "better off overall" test. It ensured that employees were not worse off than under the applicable award or certified agreement, and it provided for reasonable terms and conditions that balanced the interests of both employees and the employer. The Commission acknowledged the agreement's provisions for increased flexibility and productivity improvements, which were considered fair and reasonable. The agreement was approved, reflecting the Commission's assessment that it met the legislative criteria for employee protection and fairness in the workplace.

GE Oil & Gas Pressure Control Australia Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established