DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jemena Management Services Pty Ltd
(AG2015/7024)

JEMENA GAS AND WATER ENTERPRISE AGREEMENT 2015.

Oil and gas industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 4 FEBRUARY 2016

Application for approval of the Jemena Gas and Water Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Jemena Gas and Water Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jemena Management Services Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Australian Workers’ Union Greater New South Wales Branch, 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) of the Act, I note that the Agreement covers the organisation.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2016. The nominal expiry date of the Agreement is 30 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Jemena Management Services Pty Ltd and a group of their employees. The dispute centred around the application for the approval of the Jemena Gas and Water Enterprise Agreement 2015, which was brought before the Fair Work Commission. The applicants sought to have the agreement approved under the Fair Work Act 2009, while the respondents argued that certain aspects of the agreement did not meet the necessary standards for approval.

The primary legal issue the court had to address was whether the Jemena Gas and Water Enterprise Agreement 2015 met the criteria for approval under section 232 of the Fair Work Act 2009. This included assessing if the agreement provided for fair and reasonable terms and conditions, and whether it contained any terms that were contrary to public policy or were otherwise unacceptable. The court also needed to consider whether the agreement had been made in good faith and without coercion.

After considering the submissions from both parties and reviewing the content of the agreement, the Fair Work Commission concluded that the Jemena Gas and Water Enterprise Agreement 2015 did meet the criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions, and that it did not contain any terms that were contrary to public policy or otherwise unacceptable. Additionally, the Commission was satisfied that the agreement had been made in good faith and without coercion. Therefore, the application for approval of the agreement was successful.

The Fair Work Commission ordered that the Jemena Gas and Water Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. This approval ensures that the terms and conditions outlined in the agreement are legally binding on the parties involved, providing a clear framework for their employment relationship moving forward.

Jemena Management 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