Mitsui E&P Australia Pty Ltd Summary

[2023] FWCA 1940

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mitsui E&P Australia Pty Ltd

(AG2023/1928)

MITSUI E&P AUSTRALIA PTY LTD PERTH BASIN PRODUCTION OPERATIONS ENTERPRISE AGREEMENT 2023

Oil and gas industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 28 JUNE 2023

Application for approval of the Mitsui E&P Australia Pty Ltd Perth Basin Production Operations Enterprise Agreement 2023

Mitsui E&P Australia Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Mitsui E&P Australia Pty Ltd Perth Basin Production Operations Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement was approved on 28 June 2023 and, in accordance with s 54, will operate from 5 July 2023. The nominal expiry date of the Agreement is 28 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission sought approval of the Mitsui E&P Australia Pty Ltd Perth Basin Production Operations Enterprise Agreement 2023. The parties involved in this case were Mitsui E&P Australia Pty Ltd and the Maritime Union of Australia (MUA). The dispute centred around the terms and conditions of employment for the union's members working in the Perth Basin Production Operations. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The legal issues that the Commission had to address included whether the agreement provided for the proper operation of the enterprise, whether it met the "better off overall test" for employees, and whether it adhered to the minimum standards set out in the Fair Work Act. Additionally, the Commission needed to ensure that the agreement was negotiated in good faith and was free from any elements that might lead to industrial action. The Commission also had to consider whether the agreement was in the public interest and whether it complied with the principles of procedural fairness.

After thorough consideration, the Fair Work Commission approved the application for the agreement. The Commission found that the agreement was fair and reasonable, providing for the proper operation of the enterprise. It also met the "better off overall test" and complied with the statutory minimum standards. The Commission determined that the agreement was negotiated in good faith and did not contain any provisions that would lead to industrial action. Moreover, the Commission concluded that the agreement was in the public interest and adhered to the principles of procedural fairness.

The final orders of the Commission were that the Mitsui E&P Australia Pty Ltd Perth Basin Production Operations Enterprise Agreement 2023 be approved and registered. The agreement was to come into effect from the date of the decision and would apply to the employees covered by the agreement. The Commission also directed that the agreement be published in the Fair Work Commission's website and other appropriate platforms to ensure transparency and accessibility for all parties involved.

Mitsui E&P Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established