DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lattice Energy Services Pty Ltd T/A Lattice Energy
(AG2019/4179)

LATTICE ENERGY (OTWAY OPERATIONS) PRODUCTION MAINTENANCE TECHNICIANS ENTERPRISE AGREEMENT 2019

Oil and gas industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 15 NOVEMBER 2019

Application for approval of the Lattice Energy (Otway Operations) Production Maintenance Technicians Enterprise Agreement 2019.

[1] Lattice Energy Services Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Lattice Energy (Otway Operations) Production Maintenance Technicians Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration, 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 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 November 2019 and, in accordance with s 54, will operate from 22 November 2019. The nominal expiry date of the Agreement is 22 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the applicant, Lattice Energy Services Pty Ltd trading as Lattice Energy, applied to the Fair Work Commission for approval of the Lattice Energy (Otway Operations) Production Maintenance Technicians Enterprise Agreement 2019. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union, challenged the agreement on several grounds. The case was heard in the Fair Work Commission, the body responsible for regulating and promoting the Australian industrial relations system.

The legal issues before the court were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, specifically whether it contained all the minimum terms and conditions as required, and if it was genuinely negotiated. The respondents argued that the agreement failed to include certain minimum terms, and that it was not genuinely negotiated as it had been imposed under duress. The applicant contended that the agreement was comprehensive and had been negotiated in good faith.

The Fair Work Commission examined the agreement in detail, assessing its compliance with the minimum terms and conditions outlined in the Fair Work Act. The court found that the agreement contained all the necessary minimum terms, and that there was no evidence to support the claim of duress. The court considered the process of negotiation and concluded that the agreement was genuinely negotiated, despite the pressure under which it was reached. The court was satisfied that the agreement was fair and met the statutory requirements for approval.

The Fair Work Commission approved the Lattice Energy (Otway Operations) Production Maintenance Technicians Enterprise Agreement 2019, rejecting the respondents' claims. The court ordered that the agreement be registered and enforceable under the Fair Work Act. This decision affirmed the applicant's position and validated the terms of the enterprise agreement.

Lattice Energy Services Pty Ltd T/A Lattice Energy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established