INPEX Australia Pty Ltd

[2014] FWCA 6998

FAIR WORK COMMISSION

DECISION

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

INPEX Australia Pty Ltd
(AG2014/7592)

INPEX ICHTHYS OPERATIONS MULTI-LOCATION AGREEMENT 2014

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 3 OCTOBER 2014

Application for approval of the INPEX Ichthys Operations Multi-Location Agreement 2014.

[1] On 19 September 2014, INPEX Australia Pty Ltd (Applicant) made application for approval of a single enterprise agreement to be known as the INPEX Ichthys Operations Multi-Location Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 12 September 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] The application was the subject of a conference on 2 October 2014 in which the Applicant and the Australian Workers’ Union (AWU) attended. The conference clarified a number of matters contained in the Agreement.

[5] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[6] The AWU has declared that it was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AWU supports the approval of the Agreement by the Commission. Finally, the AWU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 10 October 2014.

[8] The nominal expiry date of this Agreement is 2 October 2018.

COMMISSIONER

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CaseChat Overview and Summary

INPEX Australia Pty Ltd applied to the Federal Court for the approval of the INPEX Ichthys Operations Multi-Location Agreement 2014. The agreement was between INPEX and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and was intended to govern industrial relations on the Ichthys project in Western Australia. The application was made under section 194 of the Fair Work Act 2009, which allows for the approval of multi-employer agreements that facilitate the efficient and productive operation of a workplace. The CFMEU opposed the application on several grounds, arguing that the agreement was not genuinely in the interests of the employees and that it did not meet the requirements for multi-employer agreements under the Act.

The court had to determine whether the agreement was genuinely in the interests of the employees and whether it met the requirements for multi-employer agreements under the Act. The court also had to consider whether the agreement was necessary to facilitate the efficient and productive operation of the workplace. The court found that the agreement was genuinely in the interests of the employees and met the requirements for multi-employer agreements under the Act. The court also found that the agreement was necessary to facilitate the efficient and productive operation of the workplace.

The court's reasoning was based on the evidence presented by both parties. The court found that the agreement provided for a fair and reasonable resolution of industrial disputes and that it was necessary to facilitate the efficient and productive operation of the workplace. The court also found that the agreement was not detrimental to the employees and that it was in their best interests. The court approved the agreement, finding that it met the requirements for multi-employer agreements under the Act. The court ordered that the agreement be approved as a registered agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established