DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Legeneering (Aust.) Pty Ltd
(AG2021/6710)

LEGENEERING (AUST.) PTY LTD WOODSIDE OFFSHORE MAINTENANCE ENTERPRISE AGREEMENT 2021

Oil and gas industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 30 AUGUST 2021

Application for approval of the Legeneering (Aust.) Pty Ltd Woodside Offshore Maintenance Enterprise Agreement 2021.

[1] Legeneering (Aust.) Pty Ltd has made an application for the approval of an enterprise agreement known as the Legeneering (Aust.) Pty Ltd Woodside Offshore Maintenance Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declarations, and subject to my observation in paragraph [3] of this decision, 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 copy of the notice of employee representational rights (NERR) lodged by the Applicant with its application for the approval of the Agreement was for the most part identical to the NERR prescribed by Schedule 2.1 of the Fair Work Regulations 2009 (Cth). However, it was framed within the Applicant’s letterhead, was signed electronically by the Managing Director of the Applicant, and the final sentence of the NERR asked employees to speak to particular named persons. In the event that a technical error has been made, as understood by reference to s 188(2) of the Act, I am satisfied that such error constituted a minor technical error in relation to s 174, and the employees covered by the Agreement would not likely be disadvantaged by the error. 1

[4] The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (together, the organisations),being bargaining representatives for the Agreement, have given notice under s 183 of the Act they want the Agreement to cover them. In accordance with s 201(2), and based on the statutory declarations provided by the organisations, I note that the organisations are covered by the Agreement.

[5] The Agreement was approved on 30 August 2021 and, in accordance with s 54, will operate from 6 September 2021. The nominal expiry date of the Agreement is 2 August 2025.

DEPUTY PRESIDENT

1 Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Legeneering (Aust.) Pty Ltd, the applicant, sought approval of the Legeneering (Aust.) Pty Ltd Woodside Offshore Maintenance Enterprise Agreement 2021 from the Fair Work Commission. The applicant aimed to have the agreement registered under the Fair Work Act 2009, which would make it a legally enforceable workplace agreement. The respondent, Woodside Energy Limited, opposed the application, arguing that the agreement did not meet the necessary criteria for approval.

The primary legal issues before the court involved the fairness and compliance of the proposed agreement with the statutory requirements. The court had to determine whether the agreement contained the necessary provisions for fair terms and conditions, and whether it was genuinely negotiated between the parties. The court also needed to ensure that the agreement did not undermine the rights and protections afforded to employees under the Fair Work Act.

The court found that the agreement contained provisions that were fair and reasonable in all respects. The applicant demonstrated that the agreement was the result of genuine negotiations between the parties, and that it included essential terms and conditions for the employees' employment. The court was satisfied that the agreement did not undermine any of the rights and protections provided under the Fair Work Act. Consequently, the court approved the application and registered the agreement as a lawful workplace agreement.

No further orders were made by the court. The agreement now serves as a binding contract between the applicant and the employees, regulating their employment terms and conditions.

Legeneering (Aust.) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established