DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mammoet Australia Pty Ltd
(AG2015/5940)

MAMMOET AUSTRALIA PTY LTD - GORGON PROJECT - BARROW ISLAND ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 NOVEMBER 2015

Application for approval of the Mammoet Australia Pty Ltd - Gorgon Project - Barrow Island Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mammoet Australia Pty Ltd - 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 Mammoet Australia 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 4 November 2015 and, in accordance with s.54, will operate from 11 November 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mammoet Australia Pty Ltd applied to the Fair Work Commission for the approval of the Mammoet Australia Pty Ltd - Gorgon Project - Barrow Island Enterprise Agreement 2015. The application was made under section 232 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers on the Gorgon Project, located on Barrow Island, Western Australia.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for registration under section 231 of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay and conditions for the workers involved. The Commission also needed to assess whether the agreement was made in good faith and without coercion.

The Commission considered the arguments presented by both parties, including evidence regarding the negotiation process, the fairness of the agreement's terms, and compliance with relevant industrial laws. Ultimately, the Commission found that the proposed enterprise agreement met the necessary criteria for approval. The agreement provided for fair and reasonable terms and conditions of employment and was made in good faith without coercion. The Commission approved the Mammoet Australia Pty Ltd - Gorgon Project - Barrow Island Enterprise Agreement 2015 under section 232 of the Fair Work Act 2009. This decision ensured that the workers on the Gorgon Project would have a legally binding enterprise agreement that protected their employment rights and conditions.

Mammoet Australia 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