DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Leighton Contractors Pty Limited
(AG2015/6720)

LEIGHTON CONTRACTORS PTY LIMITED - GORGON PROJECT - BARROW ISLAND ENTERPRISE AGREEMENT 2015

Mining industry
COMMISSIONER GREGORY	MELBOURNE, 30 NOVEMBER 2015

Application for approval of the Leighton Contractors Pty Limited - Gorgon Project - Barrow Island Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Leighton Contractors Pty Limited - Gorgon Project - Barrow Island Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] 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 Construction, Forestry, Mining and Energy 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Leighton Contractors Pty Limited sought approval for the Barrow Island Enterprise Agreement 2015 as part of their Gorgon Project. The application was lodged with the Fair Work Commission, which had jurisdiction over the matter due to the nature of workplace relations and enterprise agreements. The primary dispute centred on whether the agreement, which aimed to govern the employment conditions for workers at Barrow Island, complied with the relevant provisions of the Fair Work Act 2009.

The legal issues that the Commission had to address included whether the agreement met the statutory requirements for an enterprise agreement, including the necessity of the agreement for a simplified bargaining process, and whether it adequately provided for the protection of employees' rights and interests. Specifically, the Commission had to determine if the agreement was appropriately negotiated and if it included essential terms such as minimum wages, penalties, and other employment conditions.

In reaching its decision, the Commission carefully examined the negotiation process and the contents of the agreement. It found that the agreement was the product of good faith bargaining and adequately represented the interests of both the employer and employees. The Commission also confirmed that the agreement complied with the mandatory provisions of the Fair Work Act, including provisions on minimum wages, penalties, and other employment conditions. Consequently, the Commission approved the Leighton Contractors Pty Limited - Gorgon Project - Barrow Island Enterprise Agreement 2015.

Leighton Contractors Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established