DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Globe Hill KBSS JV Pty Ltd
(AG2018/2669)

GLOBE HILL KBSS JV PTY LTD OPERATIONS AND MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2018

Oil and gas industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 JULY 2018

Application for approval of the Globe Hill KBSS JV Pty Ltd Operations and Maintenance Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Globe Hill KBSS JV Pty Ltd Operations and Maintenance Services 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 Globe Hill KBSS JV Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2018. The nominal expiry date of the Agreement is 19 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Globe Hill KBSS JV Pty Ltd, the applicant, sought approval for the Globe Hill KBSS JV Pty Ltd Operations and Maintenance Services Enterprise Agreement 2018. The application was brought by the company against its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the terms of the proposed enterprise agreement, which sought to regulate various aspects of employment, including wages, conditions, and dispute resolution mechanisms. The core legal issues that the Commission had to decide were whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided for the employees' proper protection of their rights and interests.

The Commission examined the provisions of the proposed agreement in light of the relevant legislative framework. It considered whether the agreement contained the necessary "protectable bargaining content" and whether it had been negotiated in good faith. The Commission also assessed whether the agreement adequately provided for the employees' wages, hours of work, and other conditions of employment. In particular, the Commission looked into whether the proposed changes to the existing terms and conditions were reasonable and fair, and whether they complied with the statutory minimum standards. The Commission further evaluated the fairness and effectiveness of the dispute resolution mechanisms outlined in the agreement.

After thorough consideration of the arguments and evidence presented by both parties, the Commission found that the agreement substantially met the requirements of the Fair Work Act. It concluded that the proposed changes were reasonable and did not undermine the employees' rights and protections. The Commission also determined that the agreement provided for adequate dispute resolution processes and that it had been negotiated in good faith. Consequently, the Fair Work Commission approved the Globe Hill KBSS JV Pty Ltd Operations and Maintenance Services Enterprise Agreement 2018, and it came into effect as a registered agreement.

Globe Hill KBSS JV 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