Legeneering (Aust.) Pty Ltd

[2024] FWCA 2326

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Legeneering (Aust.) Pty Ltd

(AG2024/2063)

LEGENEERING (AUST.) PTY LTD OFFSHORE DECOMMISSIONING ENTERPRISE AGREEMENT 2024

Oil and gas industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 25 JUNE 2024

Application for approval of the Legeneering (Aust.) Pty Ltd Offshore Decommissioning Enterprise Agreement 2024

An application has been made for approval of a greenfields agreement known as the Legeneering (Aust.) Pty Ltd Offshore Decommissioning Enterprise Agreement 2024 (the Agreement). The application was made by Legeneering (Aust.) Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union (AWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the AWU and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 2 July 2024. The nominal expiry date of the Agreement is 22 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Legeneering (Aust.) Pty Ltd applied to the Fair Work Commission for approval of the Offshore Decommissioning Enterprise Agreement 2024. The dispute centred around the procedural fairness and the terms of the agreement itself, particularly those relating to the employment conditions of the employees covered by the agreement. The application was heard in the Fair Work Commission.

The legal issues before the Commission included whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act 2009, and whether the terms of the agreement were procedurally and substantively fair. The Commission needed to consider if there had been proper consultation with the employees, and if the terms of the agreement provided fair and reasonable outcomes for the workers.

The Fair Work Commission found that the agreement had been made with sufficient procedural fairness, as the employer had engaged in meaningful consultation with the employees' representatives. The Commission also determined that the terms of the agreement were fair and reasonable, providing appropriate protections and benefits to the employees. The decision was made on the basis that the agreement balanced the interests of both the employer and the employees effectively.

The Commission approved the Offshore Decommissioning Enterprise Agreement 2024, and it was registered with the Fair Work Ombudsman. The decision was made in favour of Legeneering (Aust.) Pty Ltd, and the agreement was deemed to be in compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established