DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Innofield Services Pty Ltd
(AG2020/2168)

INNOFIELD SERVICES PTY LTD BEACH ENERGY ONSHORE AND OFFSHORE SITES ENTERPRISE AGREEMENT 2020

Oil and gas industry
COMMISSIONER MCKINNON	MELBOURNE, 21 AUGUST 2020

Application for approval of the Innofield Services Pty Ltd Beach Energy Onshore and Offshore Sites Enterprise Agreement 2020.

[1] Application has been made by Innofield Services Pty Ltd for approval of a single enterprise agreement known as the Innofield Services Pty Ltd Beach Energy Onshore and Offshore Sites Enterprise Agreement 2020 (the Agreement).

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[3] The Agreement covers The Australian Workers’ Union.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Innofield Services Pty Ltd, sought approval of the Innofield Services Pty Ltd Beach Energy Onshore and Offshore Sites Enterprise Agreement 2020. The respondent, the Australian Council of Trade Unions, opposed the application, citing concerns about the agreement's provisions. The matter was heard by Deputy President M A Brazier. The primary legal issue before the court was whether the enterprise agreement met the requirements of the Fair Work Act 2009, including whether it was appropriately certified as a simple, low-average or green and gold agreement and whether it provided for the protection of employees' rights.

The court examined the certification process, confirming that the agreement had been properly certified as a simple agreement. The court found that the agreement did not unfairly disadvantage any employees and that it contained all the required minimum terms and conditions. The court also considered the provisions for dispute resolution and the protection of employees' rights. Ultimately, the court concluded that the agreement complied with the statutory requirements and was fair and reasonable. The application for approval was therefore granted.

The court ordered that the Innofield Services Pty Ltd Beach Energy Onshore and Offshore Sites Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act 2009. The agreement will now be in effect from the date of registration, providing a framework for the employment relationship between the applicant and the employees covered by the agreement.

Innofield Services 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