DECISION

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

LNG Blue Pty Limited
(AG2020/389)

LNG BLUE ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 30 MARCH 2020

Application for approval of the LNG Blue Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the LNG Blue Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LNG Blue Pty Limited. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2020. The nominal expiry date of the Agreement is 29 March 2024.

Printed by authority of the Commonwealth Government Printer

In the matter of LNG Blue Pty Limited, the Fair Work Commission was presented with an application for the approval of the LNG Blue Enterprise Agreement 2020. The application was made by the employer, LNG Blue Pty Limited, and was met with objections from various parties, including the Australian Manufacturing Workers' Union. The primary dispute centred on the terms and conditions of employment outlined in the proposed agreement, specifically those relating to wages, hours of work, and other employment conditions. The Commission was tasked with determining whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement adequately addressed the needs of the workforce, provided for fair and reasonable terms and conditions of employment, and complied with the relevant provisions of the Fair Work Act. The Commission also had to consider the potential impact of the agreement on the bargaining power of the employees, the overall fairness of the agreement, and whether it met the requirements for "better off overall and in the round" as per the Fair Work Act. Furthermore, the Commission examined whether the agreement appropriately balanced the interests of the employer and the employees.

In its decision, the Commission found that the LNG Blue Enterprise Agreement 2020 provided for fair and reasonable terms and conditions of employment. The Commission considered the evidence presented by both parties and determined that the agreement met the requirements of the Fair Work Act, including the "better off overall and in the round" test. The Commission acknowledged the employer's need for flexibility in managing its business while also ensuring that the employees' interests were adequately protected. The Commission found that the agreement appropriately balanced these interests and approved the application for the agreement's registration. The Commission's decision was based on a comprehensive assessment of the evidence and a consideration of the broader context of the industrial relations framework in Australia.

As a result of the Commission's decision, the LNG Blue Enterprise Agreement 2020 was approved and registered. The agreement will now govern the terms and conditions of employment for the relevant workforce, providing a framework for the relationship between the employer and the employees. The decision serves as a reminder of the importance of ensuring that enterprise agreements meet the requirements of the Fair Work Act and adequately balance the interests of both employers and employees.

LNG Blue 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