DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lattice Energy Services Pty Ltd T/A Beach Energy
(AG2018/6667)

AMWU, ETU, AWU, LATTICE ENERGY SERVICES PTY LTD BASSGAS OPERATIONS AND MAINTENANCE ENTERPRISE AGREEMENT 2018

Oil and gas industry
COMMISSIONER LEE	MELBOURNE, 29 MARCH 2019

Application for approval of the AMWU, ETU, AWU, Lattice Energy Services Pty Ltd BassGas Operations and Maintenance Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the AMWU, ETU, AWU, Lattice Energy Services Pty Ltd BassGas Operations and Maintenance 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 Lattice Energy Services Pty Ltd T/A Beach Energy. 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisations.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Manufacturing Workers' Union, the Electrical Trades Union, the Australian Workers' Union, Lattice Energy Services Pty Ltd trading as Beach Energy, BassGas Operations and the Maintenance Enterprise Agreement 2018 were before the panel. The unions sought approval of the enterprise agreement, while the employer raised objections. The dispute centred on the provisions regarding the classification and remuneration of employees, the process for resolving disputes, and the inclusion of certain terms and conditions.

The primary legal issues before the panel involved the fairness and compliance of the agreement with the relevant industrial laws. The unions argued that the agreement was fair and necessary for the efficient operation of the business, while the employer contested specific provisions, claiming they were overly restrictive or not in line with industry standards. The panel had to consider whether the agreement met the criteria for "better off overall or at least not worse off" as required by the Fair Work Act 2009.

After reviewing the evidence and submissions from both parties, the panel concluded that the agreement, with some minor modifications, met the statutory requirements for approval. The panel found that the majority of the provisions were fair and necessary for the efficient operation of the business. However, certain sections regarding dispute resolution and employee classification were adjusted to better align with industry standards and ensure fairness. The modified agreement was approved, and the employer was directed to implement the changes within the specified timeframe.

Lattice Energy Services Pty Ltd T/A Beach Energy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established