Mobil Refining Australia Pty Ltd T/A Mobil Refining Australia Pty Ltd

[2021] FWCA 5883

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mobil Refining Australia Pty Ltd T/A Mobil Refining Australia Pty Ltd
(AG2021/7391)

MOBIL ALTONA REFINERY MAINTENANCE FRAMEWORK AGREEMENT 2021

Oil and gas industry
COMMISSIONER CIRKOVIC	MELBOURNE, 20 SEPTEMBER 2021

Application for approval of the Mobil Altona Refinery Maintenance Framework Agreement 2021.

[1] Mobil Refining Australia Pty Ltd T/A Mobil Refining Australia Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Mobil Altona Refinery Maintenance Framework Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

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

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 23 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Mobil Refining Australia Pty Ltd, trading as Mobil Refining Australia Pty Ltd, which sought approval for the Mobil Altona Refinery Maintenance Framework Agreement 2021. The applicant aimed to implement the agreement to cover the terms and conditions of employment for its employees involved in maintenance activities at the Altona Refinery. The dispute centred on whether the proposed agreement was fair and appropriate for the employees covered by it, and whether it complied with the relevant legislative provisions under the Fair Work Act 2009.

The central legal issues the commission had to address included whether the agreement provided for fair and reasonable terms and conditions, whether it complied with the requirements of the Fair Work Act, and if it met the standards set out by the relevant industrial instruments. Additionally, the commission examined whether the agreement adequately protected employee rights and interests, particularly in light of the specific nature of the maintenance work undertaken at the refinery.

The Fair Work Commission determined that the Mobil Altona Refinery Maintenance Framework Agreement 2021 was fair and appropriate. The commission found that the agreement provided for terms and conditions that were equitable and reasonable, taking into account the unique operational context of the refinery. Furthermore, the commission confirmed that the agreement complied with the relevant provisions of the Fair Work Act and did not undermine the rights and protections afforded to employees under the applicable industrial instruments. The commission's decision was based on a comprehensive assessment of the agreement's provisions, considering the specific needs and circumstances of the workforce involved in maintenance activities at the Altona Refinery.

In approving the agreement, the Fair Work Commission issued an order affirming that the Mobil Altona Refinery Maintenance Framework Agreement 2021 would be registered and enforceable as a registered agreement under the Fair Work Act. This order effectively validated the agreement, allowing Mobil Refining Australia Pty Ltd to implement the terms and conditions outlined within it for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established