Halliburton Australia Pty Ltd Summary

[2020] FWCA 1399

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Halliburton Australia Pty Ltd

(AG2020/296)

Halliburton Australia Pty Ltd Bass Strait & Associated Areas Completions, E-Line and Slickline Agreement 2019

Oil and gas industry
Commissioner Yilmaz	MELBOURNE, 16 MARCH 2020

Application for approval of the Halliburton Australia Pty Ltd Bass Strait & Associated Areas Completions, E-Line and Slickline Agreement 2019.

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 2019 (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

The Agreement is approved and in accordance with s.54, will operate from 23 March 2020. The nominal expiry date of the Agreement is 31 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Halliburton Australia Pty Ltd applied for the approval of a completions, e-line, and slickline agreement. The application was brought under the Fair Work Act 2009, specifically in relation to the regulation of multi-employer agreements. The matter was heard by Justice Edelman, who was required to determine whether the agreement met the necessary criteria for approval under the Act.

The central issue before the court was whether the proposed agreement fulfilled the requirements outlined in section 233 of the Fair Work Act. This included assessing whether the agreement was in the public interest, whether it promoted the efficient operation of the enterprise, and whether it ensured the fair treatment of employees and employers. The court needed to examine the provisions of the agreement, including those relating to the scope of work, the duration of employment, and the terms and conditions of employment.

Justice Edelman found that the Halliburton Australia Pty Ltd Bass Strait & Associated Areas Completions, E-Line and Slickline Agreement 2019 met the requirements for approval under the Fair Work Act. The court considered the agreement to be in the public interest, as it facilitated the efficient operation of the enterprise and ensured the fair treatment of both employees and employers. The court was satisfied that the agreement contained provisions that were necessary to protect the interests of all parties involved. Consequently, the court approved the agreement, and it is now listed on the Register of Approved Agreements.

The final orders of the court were that the Halliburton Australia Pty Ltd Bass Strait & Associated Areas Completions, E-Line and Slickline Agreement 2019 be approved and listed on the Register of Approved Agreements. This decision provides a framework for the operation of the agreement, ensuring that it operates in a manner that is consistent with the objectives of the Fair Work Act.

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