DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Halliburton Australia Pty Ltd
(AG2017/1679)

HALLIBURTON AUSTRALIA PTY LTD BASS STRAIT & ASSOCIATED AREAS COMPLETIONS, E-LINE AND SLICKLINE AGREEMENT 2016

Coal industry
COMMISSIONER GREGORY	MELBOURNE, 23 MAY 2017

Application for approval of the Halliburton Australia Pty Ltd Bass Strait & Associated Areas Completions, E-Line and Slickline Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Halliburton Australia Pty Ltd Bass Strait & Associated Areas Completions, E-Line and Slickline Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Halliburton 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 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 May 2017. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Halliburton Australia Pty Ltd applied to the Federal Court for approval of the Halliburton Australia Pty Ltd Bass Strait & Associated Areas Completions, E-Line and Slickline Agreement 2016. The application was brought under the Enterprise Agreement (Approval of New Agreement) Application 2016. The respondents to the application were the Australian Manufacturing Workers Union, the Electrical Trades Union of Australia, and the Communications, Electrical and Plumbing Union of Australia. The unions opposed the application on the basis that the proposed agreement did not meet the statutory requirements for approval.

The central issue before the court was whether the proposed agreement met the criteria for approval under section 182 of the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement provided for fair and reasonable terms and conditions, including pay, and whether it had been genuinely negotiated. The unions argued that the proposed agreement failed to provide for adequate pay rates and did not represent the genuine outcome of negotiations between the parties.

The court found that the proposed agreement was fair and reasonable, and had been genuinely negotiated. In reaching this conclusion, the court considered the evidence provided by both parties, including expert evidence on industry standards and the parties' bargaining history. The court noted that the proposed agreement provided for pay rates that were in line with industry standards, and that the negotiations had been conducted in good faith. The court was satisfied that the proposed agreement met the statutory requirements for approval.

Accordingly, the court approved the proposed agreement. The court noted that the approval was subject to the agreement being registered with the Fair Work Commission. The court also noted that the approval did not prevent the parties from further negotiating and agreeing on changes to the agreement in the future.

Halliburton 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