Mobil Refining Australia Pty Ltd

[2023] FWCA 1004

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mobil Refining Australia Pty Ltd

(AG2023/847)

MOBIL ALTONA TERMINAL CONTINUOUS IMPROVEMENT AGREEMENT 2023

Oil and gas industry
COMMISSIONER MIRABELLA	MELBOURNE, 5 APRIL 2023

Application for approval of the Mobil Altona Terminal Continuous Improvement Agreement 2023.

Mobil Refining Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Mobil Altona Terminal Continuous Improvement Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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

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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 5 April 2023 and, in accordance with s.54, will operate from 12 April 2023. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mobil Refining Australia Pty Ltd recently brought an application before the Fair Work Commission to approve a Continuous Improvement Agreement (CIA) for the year 2023. The agreement in question pertains to the Mobil Altona Terminal, and its primary aim is to enhance operational efficiency and safety through collaborative efforts between the employer and the workforce. The legal issues at hand centred on whether the proposed CIA complied with the statutory requirements of the Fair Work Act 2009 and the principles of good faith bargaining.

The court was tasked with determining if the CIA met the criteria for good faith bargaining, as mandated by the Fair Work Act. This included assessing whether the agreement was genuinely negotiated, free from coercion, and whether it provided adequate protections for the employees involved. Furthermore, the court examined whether the CIA was consistent with the broader objectives of the Fair Work Act, particularly those relating to workplace safety and productivity. The court also considered the extent to which the agreement facilitated meaningful collaboration between the employer and employees, ensuring that it did not unduly compromise the rights and interests of the workforce.

In delivering its decision, the Fair Work Commission found that the Mobil Altona Terminal CIA 2023 complied with the statutory requirements and principles of good faith bargaining. The court was satisfied that the agreement was genuinely negotiated, free from any form of coercion, and provided sufficient protections for the employees. The court noted that the CIA was aligned with the objectives of the Fair Work Act, particularly in terms of enhancing workplace safety and operational efficiency. The Commission concluded that the agreement facilitated a constructive collaboration between the employer and employees, without compromising the rights and interests of the workforce. Consequently, the court approved the CIA, allowing it to come into effect as planned.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established