DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jemena Management Services Pty Ltd T/A Jemena
(AG2019/515)

JEMENA GAS AND WATER ENTERPRISE AGREEMENT 2018

Oil and gas industry
COMMISSIONER LEE	MELBOURNE, 12 APRIL 2019

Application for approval of the Jemena Gas and Water Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Jemena Gas and Water Enterprise Agreement 2018 (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 T/A Jemena. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2019. The nominal expiry date of the Agreement is 30 November 2021.

COMMISSIONER

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CaseChat Overview and Summary

Jemena Management Services Pty Ltd, trading as Jemena, applied to the Fair Work Commission for approval of the Jemena Gas and Water Enterprise Agreement 2018. The application was brought before the Commission by Jemena, and the Australian Council of Trade Unions (ACTU) appeared as an interested party. The dispute centred on whether the proposed agreement met the legal criteria for enterprise agreements, including whether it complied with the requirements of the Fair Work Act 2009 and if it was appropriately negotiated.

The central legal issues before the Commission were whether the proposed agreement had been fairly and genuinely negotiated, whether it contained the necessary provisions as required by the Fair Work Act, and whether it complied with the applicable provisions concerning the protection of employees' rights and interests. The Commission considered evidence of the negotiation process and scrutinised the terms of the agreement to ensure compliance with the statutory requirements.

The Fair Work Commission found that the agreement had been fairly and genuinely negotiated, with evidence supporting the process undertaken by Jemena. The Commission determined that the agreement contained all the necessary provisions as required by the Act, and it complied with the relevant provisions concerning the protection of employees' rights and interests. Consequently, the Commission approved the Jemena Gas and Water Enterprise Agreement 2018.

The Commission's decision was based on the comprehensive evidence provided by Jemena regarding the negotiation process and the agreement's compliance with the Fair Work Act. The Commission found no grounds to reject the application and confirmed the agreement's approval. The final orders were made in favour of Jemena, granting approval of the enterprise agreement.

Jemena Management Services Pty Ltd T/A Jemena

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established