Innofield Services Pty Ltd

[2023] FWCA 590

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Innofield Services Pty Ltd

(AG2023/201)

Innofield Services Pty Ltd Beach Energy Onshore and Offshore Sites Enterprise Agreement 2022

Oil and gas industry
DEPUTY PRESIDENT BELL	MELBOURNE, 23 FEBRUARY 2023

Application for approval of the Innofield Services Pty Ltd Beach Energy Onshore and Offshore Sites Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Innofield Services Pty Ltd Beach Energy Onshore and Offshore Sites Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, Innofield Services Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Australian Workers’ Union (AWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

The Agreement was approved on 23 February 2023 and, in accordance with s.54 of the Act, will operate from 2 March 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Innofield Services Pty Ltd, an applicant, sought approval of a new Enterprise Agreement with Beach Energy, the respondent. The proposed agreement, Innofield Services Pty Ltd Beach Energy Onshore and Offshore Sites Enterprise Agreement 2022, was to cover a range of employment terms and conditions for employees working in both onshore and offshore capacities. The Fair Work Commission, the tribunal, was tasked with determining whether the agreement should be approved.

The legal issues central to the tribunal's consideration were whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of its coverage, procedural fairness, and substantive fairness. The Commission needed to assess if the agreement was made in good faith and whether it provided for the proper regulation of employment terms and conditions. It was also necessary to examine if the agreement complied with the requirements for a certified agreement, including the mandatory terms and conditions stipulated by the Act.

In examining these issues, the Commission found that the agreement was made in good faith and that it met the procedural fairness requirements. The agreement was comprehensive, covering all necessary terms and conditions, and it complied with the mandatory provisions of the Act. The tribunal concluded that the agreement was fair and reasonable in all its aspects. Accordingly, the application for approval of the enterprise agreement was granted.

The Fair Work Commission approved the Innofield Services Pty Ltd Beach Energy Onshore and Offshore Sites Enterprise Agreement 2022, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions for the specified employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established