Mobil Oil Australia Pty Ltd

[2013] FWCA 7470

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mobil Oil Australia Pty Ltd
(AG2013/8531)

MOBIL OIL AUSTRALIA PTY LTD SILVERWATER TERMINAL & NATIONAL UNION OF WORKERS - NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2013

Oil and gas industry
COMMISSIONER JOHNS	MELBOURNE, 26 SEPTEMBER 2013

Application for approval of the Mobil Oil Australia Pty Ltd Silverwater Terminal & National Union of Workers - New South Wales Branch Enterprise Agreement 2013.

[1] On 14 August 2013 an application was made for approval of an enterprise agreement known as the Mobil Oil Australia Pty Ltd Silverwater Terminal & National Union of Workers - New South Wales Branch Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by Mobil Oil Australia Pty Ltd (Applicant). The agreement is a single enterprise agreement.

[1] The Agreement was lodged within 14 days after it was made.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. The Commission is 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. In any case the undertakings were also signed by the National Union of Workers - New South Wales Branch (NUW) indicating its support of the undertakings.

[3] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss.186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[4] The NUW, 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 3 October 2013. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Mobil Oil Australia Pty Ltd applied to the Fair Work Commission for approval of their 2013 Enterprise Agreement with the National Union of Workers - New South Wales Branch. The Union argued that the agreement did not comply with several provisions of the Fair Work Act 2009. The dispute centred on various clauses within the agreement, including those concerning minimum rates of pay, conditions of employment, and the process for resolving disputes. The Commission was tasked with determining whether the agreement met the legal requirements for approval and if it provided for fair and reasonable terms and conditions of employment.

The Commission considered the arguments presented by both parties, focusing on whether the agreement provided for fair and reasonable terms and conditions of employment, as required by the Fair Work Act. It examined the specific clauses that the Union had challenged, assessing whether they complied with the statutory provisions. The Commission noted that while some of the Union's concerns were valid, others did not hold up under scrutiny. Ultimately, the Commission determined that the agreement did not fully comply with the Act but could be approved with certain modifications to address the identified issues.

After making the necessary adjustments to the agreement, the Fair Work Commission approved the Enterprise Agreement. The modifications included changes to the minimum rates of pay and the dispute resolution process, ensuring that the agreement complied with the Fair Work Act. The Commission concluded that, with these changes, the agreement provided for fair and reasonable terms and conditions of employment. The decision was made in favour of Mobil Oil Australia Pty Ltd, with the agreement being approved subject to the specified modifications.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established