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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mobil Refining Australia Pty Ltd applied to the Fair Work Commission for approval of a continuous improvement agreement concerning operations at its Altona Refinery. The dispute involved Mobil Refining Australia and the National Union of Workers, along with other union representatives. The primary issue for the Commission was whether the proposed agreement complied with the necessary legal standards and provisions of the Fair Work Act. The Commission needed to determine if the agreement was consistent with the Act, particularly regarding its procedural fairness and substantive content.

The Commission assessed the application based on statutory criteria, including whether the agreement was genuinely negotiated and whether it provided for a fair and effective process for resolving workplace issues. The Commission considered the submissions from both parties and evaluated the procedural fairness of the negotiation process. It also examined the substantive content of the agreement to ensure it did not undermine employees' rights or workplace standards. Ultimately, the Commission found that the agreement met the legal requirements and was in compliance with the Fair Work Act.

Following this, the Fair Work Commission approved the Mobil Altona Refinery Operations Continuous Improvement Agreement 2019. The Commission noted that the agreement was genuinely negotiated, procedurally fair, and substantively compliant with the Fair Work Act. This decision was based on the evidence presented, which demonstrated that the agreement provided an effective process for resolving workplace issues and did not undermine the rights and standards of employees. The approval signifies that the agreement can now be implemented to facilitate continuous improvement at the Altona Refinery.

Mobil Refining Australia 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