Lochard Energy (Iona Operations) Pty Ltd T/A Lochard Energy

[2020] FWCA 257

[2020] FWCA 257

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lochard Energy (Iona Operations) Pty Ltd T/A Lochard Energy
(AG2019/4827)

LOCHARD ENERGY (IONA OPERATIONS) ENTERPRISE AGREEMENT 2019

Oil and gas industry
COMMISSIONER LEE	MELBOURNE, 17 JANUARY 2020

Application for approval of the Lochard Energy (Iona Operations) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Lochard Energy (Iona Operations) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lochard Energy (Iona Operations) Pty Ltd T/A Lochard Energy. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Workers’ 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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 14.2 - Annual leave entitlement expressed in hours rather than weeks

•  Clause 14.3 – Cashing out Annual Leave

However, noting clause 4.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2020. The nominal expiry date of the Agreement is 1 April 2023.

COMMISSIONER

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