Halliburton Australia Pty Ltd Summary

[2014] FWCA 1992

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Halliburton Australia Pty Ltd
(AG2014/3782)

HALLIBURTON AUSTRALIA PTY LTD AND AWU BASS STRAIT OFFSHORE CEMENTING SERVICES AGREEMENT 2013

Oil and gas industry
COMMISSIONER JOHNS	MELBOURNE, 25 MARCH 2014

Application for approval of the Halliburton Australia Pty Ltd and AWU Bass Strait Offshore Cementing Services Agreement 2013.

[1] On 24 February 2014 Halliburton Australia Pty Ltd (Applicant) made an application for approval of the Halliburton Australia Pty Ltd and AWU Bass Strait Offshore Cementing Services Agreement 2013 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. The undertaking ensures compliance with new requirements relating to consultation clauses in enterprise agreements. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, The Australian Workers’ Union (AWU) has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] 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. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 1 April 2014. The nominal expiry date of the Agreement is 1 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Halliburton Australia Pty Ltd and the Australian Workers Union. The case was heard in the Fair Work Commission. The union sought approval of a proposed agreement between Halliburton Australia Pty Ltd and its employees, specifically those involved in bass strait offshore cementing services, as per the Halliburton Australia Pty Ltd and AWU Bass Strait Offshore Cementing Services Agreement 2013. The union argued that the proposed agreement met the necessary criteria under the Fair Work Act 2009, including that it was not contrary to public interest, provided fair and reasonable terms and conditions, and was not discriminatory.

The primary legal issues before the commission were whether the proposed agreement complied with the statutory requirements and whether it provided fair and reasonable terms for the employees. The commission considered the fairness and reasonableness of the proposed agreement's terms, the impact of the agreement on the employees, and whether the agreement met the necessary criteria under the Fair Work Act. The commission also examined whether the agreement was in the public interest and whether it was non-discriminatory.

After considering the submissions from both parties, the commission found that the proposed agreement met the necessary criteria under the Fair Work Act. The commission held that the agreement provided fair and reasonable terms and conditions for the employees, was not contrary to the public interest, and was non-discriminatory. The commission approved the Halliburton Australia Pty Ltd and AWU Bass Strait Offshore Cementing Services Agreement 2013, and it came into effect on 1 July 2013.

No further orders were made by the commission.

Halliburton Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established