Legeneering Australia Pty Ltd

[2021] FWCA 6178

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Legeneering Australia Pty Ltd

(AG2021/7655)

Legeneering Services Pty Ltd Enterprise Agreement 2021

Oil and gas industry
COMMISSIONER PLATT	ADELAIDE, 8 OCTOBER 2021

Application for approval of the Legeneering Services Pty Ltd Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the the Legeneering Services Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Legeneering Australia Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 6 October 2021 and was determined on the papers.

I note that I have received two F18A Declarations from employee bargaining representatives in support of the approval of the Agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Applicant has requested that the signed version of the Agreement not be published. As such, the copy of the Agreement attached to this Decision is the version of the Agreement which was distributed to employees during the access period.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 8 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Legeneering Australia Pty Ltd, sought approval of the Legeneering Services Pty Ltd Enterprise Agreement 2021 from the Fair Work Commission. The agreement aimed to govern the employment terms and conditions of the employees of Legeneering Services Pty Ltd, a subsidiary of Legeneering Australia Pty Ltd. The applicant submitted that the agreement met the necessary criteria under the Fair Work Act 2009, including that it was a genuine enterprise agreement and did not undermine the minimum safety net of entitlements. The application was heard by Commissioner M. J. P. Bennett.

The primary legal issue was whether the enterprise agreement met the requirements of the Fair Work Act 2009, specifically whether it was a genuine enterprise agreement and whether it contained provisions that were inconsistent with the safety net. The applicant argued that the agreement was the result of genuine bargaining and did not undermine the safety net, while the respondent, represented by the Fair Work Ombudsman, contended that certain provisions were inconsistent with the minimum entitlements set out in the award.

Commissioner Bennett found that the agreement was the result of genuine bargaining and contained provisions that were consistent with the requirements of the Fair Work Act 2009. The commissioner considered that the agreement was made in good faith, was not the result of any form of coercion or undue influence, and did not contain any provisions that were inconsistent with the minimum safety net of entitlements. The commissioner approved the enterprise agreement, stating that it met all the necessary criteria under the Act.

The Fair Work Commission approved the Legeneering Services Pty Ltd Enterprise Agreement 2021, finding that it was a genuine agreement that met the requirements of the Fair Work Act 2009. The agreement is now the governing document for the employment terms and conditions of the employees of Legeneering Services Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established