Mobil Refining Australia Pty Ltd

[2019] FWCA 406

[2019] FWCA 406

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mobil Refining Australia Pty Ltd
(AG2018/7248)

MOBIL ALTONA REFINERY OPERATIONS CONTINUOUS IMPROVEMENT AGREEMENT 2019

Oil and gas industry
COMMISSIONER LEE	MELBOURNE, 24 JANUARY 2019

Application for approval of the Mobil Altona Refinery Operations Continuous Improvement Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mobil Altona Refinery Operations Continuous Improvement Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mobil Refining Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 20.1 - leave; and

•  Clause 20.3 - personal/carer’s/sick leave

However, noting clause 20 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The National Union of Workers 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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