DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gordon McKay Pty Ltd
(AG2018/684)

GORDON MCKAY PTY LTD AND ETU ENTERPRISE AGREEMENT GEELONG REFINERY 2018 - 2021

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 24 MAY 2018

Application for approval of the Gordon McKay Pty Ltd and ETU Enterprise Agreement Geelong Refinery 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Gordon McKay Pty Ltd and ETU Enterprise Agreement Geelong Refinery 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gordon McKay 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gordon McKay Pty Ltd applied to the Fair Work Commission for the approval of the Gordon McKay Pty Ltd and ETU Enterprise Agreement Geelong Refinery 2018 - 2021. The applicant is an employer engaged in the oil refining industry. The respondent, the Engineering Trades Union (ETU), represents employees of the applicant who are employed at the Geelong Refinery. The parties entered into a new enterprise agreement, and the applicant sought the approval of this agreement under the Fair Work Act 2009. The dispute involved the terms and conditions of employment set out in the proposed enterprise agreement, specifically focusing on the fairness of the agreement and whether it complied with the statutory requirements for approval.

The legal issues before the court were whether the proposed enterprise agreement met the criteria for approval under section 231 of the Fair Work Act 2009, including whether it contained the minimum terms and conditions of employment and whether it was certified as a bargain genuinely negotiated. The court needed to assess if the agreement was in the best interests of the employees and whether it complied with the procedural requirements for approval, including whether the union had genuinely negotiated the agreement and if the agreement contained the minimum terms as required by law.

The Fair Work Commission considered the evidence and submissions from both parties. The Commission found that the agreement contained the minimum terms and conditions of employment and was genuinely negotiated between the parties. The Commission also considered the views of the employees, who had overwhelmingly supported the agreement. The Commission concluded that the agreement was in the best interests of the employees and that it met the statutory requirements for approval. The application was subsequently approved, and the enterprise agreement was registered.

The final orders of the Fair Work Commission were that the Gordon McKay Pty Ltd and ETU Enterprise Agreement Geelong Refinery 2018 - 2021 be approved and registered under section 231 of the Fair Work Act 2009. The agreement was to be effective from the date of registration and would apply to the employees of Gordon McKay Pty Ltd at the Geelong Refinery for the period of 2018 to 2021. The approval of the agreement provided certainty and stability to the employment relationship between the parties and ensured that the employees were protected by the terms of the agreement.

Gordon McKay 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