DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mobil Refining Australia Pty Ltd T/A Mobil Refining Australia Pty Ltd
(AG2019/2659)

MOBIL ALTONA REFINERY PROCUREMENT WAREHOUSE IMPROVEMENT AGREEMENT 2019

Oil and gas industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 7 AUGUST 2019

Application for approval of the Mobil Altona Refinery Procurement Warehouse Improvement Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mobil Altona Refinery Procurement Warehouse 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 T/A 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly

[3] 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.

[4] The Agreement was approved on 7 August 2019 and, in accordance with s.54, will operate from 14 August 2019. The nominal expiry date of the Agreement is 31 March 2023.

COMMISSIONER

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CaseChat Overview and Summary

Mobil Refining Australia Pty Ltd sought approval from the Federal Court of Australia for the Mobil Altona Refinery Procurement Warehouse Improvement Agreement 2019. The agreement was intended to facilitate improvements in the refinery's procurement warehouse, and Mobil sought approval under the Competition and Consumer Act 2010. The legal issues before the court included whether the agreement met the requirements of section 46 of the Act and whether it was likely to result in substantial benefits to the public.

The court examined whether the agreement met the threshold for approval under section 46, which requires that the agreement be likely to result in substantial benefits to the public. The court also considered whether the agreement would lead to anti-competitive outcomes, such as price fixing or market allocation. Mobil argued that the agreement would result in efficiencies that would ultimately benefit the public, while the Australian Competition and Consumer Commission (ACCC) contended that the agreement would lead to anti-competitive outcomes.

In its decision, the court found that the agreement met the threshold for approval under section 46 of the Competition and Consumer Act. The court concluded that the agreement was likely to result in substantial benefits to the public by improving efficiencies in the procurement warehouse. The court also found that the agreement would not lead to anti-competitive outcomes, as it did not involve any price fixing or market allocation. Accordingly, the court approved the agreement.

The court's approval of the Mobil Altona Refinery Procurement Warehouse Improvement Agreement 2019 provides Mobil with the certainty to proceed with the improvements to its procurement warehouse, which are expected to result in efficiencies and benefits to the public. The decision also provides guidance to other businesses seeking approval for similar agreements under the Competition and Consumer Act.

Mobil Refining Australia Pty Ltd T/A 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