DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lattice Energy Services Pty Ltd
(AG2019/4471)

LATTICE ENERGY OTWAY OPERATIONS (MAINTENANCE TECHNICIANS) ENTERPRISE AGREEMENT 2019

Oil and gas industry
COMMISSIONER YILMAZ	MELBOURNE, 3 JANUARY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Lattice Energy Otway Operations (Maintenance Technicians) Enterprise Agreement 2019 (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. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 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, will operate from 10 January 2020. The nominal expiry date of the Agreement is 1 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the Lattice Energy Otway Operations (Maintenance Technicians) Enterprise Agreement 2019, with the applicant being Lattice Energy Services Pty Ltd. The dispute involved the terms and conditions of employment for maintenance technicians under the proposed enterprise agreement. The Commission's role was to determine whether the agreement complied with the Fair Work Act 2009 and met the requirements for approval.

The legal issues before the Commission included whether the enterprise agreement complied with the provisions of the Fair Work Act, specifically regarding the minimum entitlements for the relevant employees. Additionally, the Commission had to consider whether the agreement provided for the fair and equitable treatment of the employees and if it met the procedural fairness requirements for enterprise agreements. The Commission also examined whether the agreement included appropriate dispute resolution mechanisms.

In reaching its decision, the Fair Work Commission reviewed the evidence presented by both parties and considered the statutory requirements for approving an enterprise agreement. The Commission found that the proposed agreement met the minimum standards set by the Fair Work Act and provided for fair and equitable treatment of the maintenance technicians. It also noted that the agreement contained appropriate dispute resolution mechanisms. The Commission determined that the agreement was in compliance with the necessary legal standards and approved it accordingly.

The final orders of the Commission included the approval of the Lattice Energy Otway Operations (Maintenance Technicians) Enterprise Agreement 2019, with the effective date set for the approval. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with the terms of the approved agreement.

Lattice Energy 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