Halliburton Australia Pty Ltd

[2014] FWCA 3361

[2014] FWCA 3361

FAIR WORK COMMISSION

DECISION

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

Halliburton Australia Pty Ltd
(AG2014/5834)

HALLIBURTON AUSTRALIA PTY LTD BASS STRAIT & ASSOCIATED AREAS COMPLETIONS, E-LINE AND SLICKLINE AGREEMENT 2013

Oil and gas industry
COMMISSIONER CAMBRIDGE	SYDNEY, 19 MAY 2014

Application for approval of the Halliburton Australia Pty Ltd Bass Strait & Associated Areas Completions, E-line and Slickline Agreement 2013.

[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 2013(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application has been made by Halliburton Australia Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Melbourne on 28 April 2014. The application included a Statutory Declaration of Linda Easter made on behalf of the Employer and dated 22 April 2014 (the Declaration). The Declaration stated that the Agreement was made on 11 April 2014. The fourteenth day after the day that the Agreement was made was a public holiday (Anzac Day), and therefore, by virtue of the operation of subsection 36 (2) of the Acts Interpretation Act 1901, the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] As a result of concerns that were raised about particular terms of the Agreement further information has been provided by the Employer which included Undertakings dated 13 May 2014, made by and duly signed by the Employer, and proposed to the Fair Work Commission (the Commission) pursuant to s.190 of the Act (the Undertakings). Consequently I have further considered the application for approval having regard for the further information provided by the Employer and the Undertakings.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 19 May 2014. I note that the file has included a Statutory Declaration of Lee Buntman made on behalf of The Australian Workers’ Union (the AWU), as an employee organisation in relation to the application.

[5] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have further examined the contents of the Declaration in the context of the further material in support of the application. On the basis of this material I am satisfied that the procedural requirements of Part 2-4 of the Act have been met in this instance.

[6] I note that the Agreement contains a flexibility term at clause 4.5 and a consultation term at clause 2.16.

[7] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[8] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AWU.

[9] The Agreement as varied by the Undertakings is approved. In accordance with subsection 54 (1) of the Act, the Agreement will operate from 26 May 2014. In accordance with clause 1.6(a) of the Agreement the nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

Undertakings:

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