DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mobil Refining Australia Pty Ltd
(AG2015/2536)

MOBIL ALTONA REFINERY MAINTENANCE FRAMEWORK AGREEMENT 2015

Oil and gas industry
VICE PRESIDENT WATSON	MELBOURNE, 14 MAY 2015

Application for approval of the Mobil Altona Refinery Maintenance Framework Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mobil Altona Refinery Maintenance Framework Agreement 2015. 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] A written undertaking dated 12 May 2015 has been received from the employer concerning consultation in relation to clause 33 of the Agreement. Pursuant to s.191 of the Act, the undertaking is taken to be a term of the Agreement. A copy of the undertaking is annexed to this decision and to the Agreement.

[3] 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has also given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54, will operate from 21 May 2015. The nominal expiry date of the Agreement is 28 February 2018.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mobil Refining Australia Pty Ltd recently faced a significant application before the Fair Work Commission (FWC), concerning the approval of the Mobil Altona Refinery Maintenance Framework Agreement 2015. The applicant, Mobil Refining Australia Pty Ltd, sought FWC's endorsement of this agreement, which was intended to establish a structured framework for managing maintenance work at its Altona refinery. The dispute primarily involved the terms and conditions of employment for the maintenance workforce, encompassing issues such as wages, hours of work, and other employment-related matters.

The legal issues central to the application required the FWC to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC needed to ensure that the agreement would provide for fair and reasonable terms of employment, did not discriminate, and was not contrary to public policy. The FWC also had to assess whether the agreement had been genuinely agreed upon by the parties involved and whether it offered a better outcome than the existing awards or agreements.

After a thorough examination of the agreement and the submissions presented by the parties, the FWC concluded that the Mobil Altona Refinery Maintenance Framework Agreement 2015 met the necessary criteria for approval. The FWC found that the agreement was fair and reasonable, did not discriminate, and did not contravene public policy. The FWC further determined that the agreement had been genuinely negotiated and reflected the terms and conditions agreed upon by the parties. Consequently, the FWC approved the agreement, acknowledging its potential to offer a better outcome for the employees involved. The approval of the agreement was intended to provide a more structured and predictable framework for managing maintenance work at the Altona refinery, benefiting both the employer and the workforce.

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