DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LNG Shutdowns and Maintenance Services Pty Ltd
(AG2016/4836)

LNG GROUP ENTERPRISE AGREEMENT 2016

Oil and gas industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 OCTOBER 2016

Application for approval of the LNG Group Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the LNG Group Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LNG Shutdowns and Maintenance Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 21 October 2016 and, in accordance with s.54, will operate from 28 October 2016. The nominal expiry date of the Agreement is 21 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by LNG Shutdowns and Maintenance Services Pty Ltd for the approval of the LNG Group Enterprise Agreement 2016. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly in terms of its provisions for minimum entitlements and its compliance with procedural fairness principles. The Commission was tasked with ensuring that the agreement provided for the fair and efficient resolution of workplace issues, while also safeguarding the rights of employees and employers.

The legal issues before the Commission included whether the enterprise agreement adequately covered all required minimum entitlements, such as minimum wages, penalty rates, and leave provisions. Additionally, the Commission had to determine whether the process by which the agreement was negotiated and agreed upon was fair and complied with the procedural requirements set out in the Fair Work Act. This included assessing whether genuine and informed consent was obtained from the parties involved.

After thorough consideration, the Fair Work Commission found that the LNG Group Enterprise Agreement 2016 met the necessary requirements for approval. The Commission was satisfied that the agreement provided for all minimum entitlements as required by law and that the process by which it was negotiated was fair and compliant with procedural fairness principles. The Commission noted that the agreement included provisions for minimum wages, penalty rates, and leave, and that the parties had engaged in good faith negotiations. Consequently, the Commission approved the enterprise agreement, allowing it to take effect and govern the terms and conditions of employment for the relevant workforce.

The final orders of the Commission included the approval of the LNG Group Enterprise Agreement 2016, effective from the date of the decision. The Commission also directed that the agreement be registered with the Fair Work Commission, ensuring its legal enforceability and compliance with the Fair Work Act. This decision provided clarity and certainty for the parties involved, affirming the validity of the negotiated agreement and its role in regulating workplace relations.

LNG Shutdowns and Maintenance Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established