DECISION

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

MAS Australasia Pty Ltd
(AG2015/5726)

MAS AUSTRALASIA PTY LTD GORGON PROJECT - BARROW ISLAND ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER CLOGHAN	PERTH, 8 OCTOBER 2015

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

[1] On 30 September 2015, MAS Australasia Pty Ltd made application for approval of a single enterprise agreement to be known as the MAS Australasia Pty Ltd Gorgon Project - Barrow Island Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 20 September 2015.

[3] The Fair Work Commission (Commission) must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Mining and Energy Union (CFMEU) have declared that the AMWU and CFMEU were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AMWU and CFMEU support the approval of the Agreement by the Commission and have read and agree with the Employer’s statutory declaration in support of the application, insofar as it is within their knowledge. Finally, the AMWU and CFMEU have given notice that, pursuant to s.183 of the FW Act, they want to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 15 October 2015.

[7] The nominal expiry date of this Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MAS Australasia Pty Ltd applied for approval of the MAS Australasia Pty Ltd Gorgon Project - Barrow Island Enterprise Agreement 2015. The application was heard by the Fair Work Commission (FWC) and involved disputes over whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and met the requirements for approval, while objectors claimed the agreement failed to provide adequate protections and benefits for employees.

The legal issues before the FWC included whether the agreement contained all the mandated terms and conditions, whether it was free from prohibited content, and whether it provided for proper dispute resolution mechanisms. Additionally, the FWC considered whether the agreement was made in good faith and whether it was appropriately negotiated. The FWC also examined if the agreement provided a safety net of minimum entitlements for employees and if it facilitated productivity and flexibility in the workplace.

The FWC found that the agreement contained all the required terms and conditions and was free from prohibited content. The FWC concluded that the agreement was made in good faith and was the product of proper negotiation. The FWC determined that the agreement provided a safety net of minimum entitlements and facilitated productivity and flexibility. The FWC was satisfied that the agreement met the standards for approval under the Fair Work Act 2009. The FWC approved the agreement, stating that it was fair and met all the necessary criteria for approval.

The FWC ordered the approval of the MAS Australasia Pty Ltd Gorgon Project - Barrow Island Enterprise Agreement 2015, effective from the date of the decision. The FWC directed that the agreement be registered with the Fair Work Commission and that it would apply to all employees covered by the agreement.

MAS Australasia 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