DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mobil Refining Australia Pty Ltd T/A Mobil Refining Australia Pty Ltd
(AG2018/3511)

MOBIL ALTONA REFINERY MAINTENANCE FRAMEWORK AGREEMENT 2018

Oil and gas industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 NOVEMBER 2018

Application for approval of the Mobil Altona Refinery Maintenance Framework Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Mobil Altona Refinery Maintenance Framework Agreement 2018 (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 chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and 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) I note that the Agreement covers these organisation.

[4] The Agreement was approved on 16 November 2018 and, in accordance with s.54, will operate from 23 November 2018. The nominal expiry date of the Agreement is 23 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mobil Refining Australia Pty Ltd T/A Mobil Refining Australia Pty Ltd recently approached the Fair Work Commission seeking approval of the Mobil Altona Refinery Maintenance Framework Agreement 2018. The agreement aimed to regulate the terms and conditions of employment for workers involved in maintenance activities at the Altona refinery. The dispute arose as Mobil sought to formalise the agreement with the workers' union, aiming to ensure efficient and safe operations during maintenance periods.

The primary legal issue before the Commission was whether the agreement provided for the fair and reasonable terms of employment for the workers. The Commission had to assess if the agreement met the standards set out in the Fair Work Act 2009, ensuring it was not adversely affecting the workers' rights and interests. Additionally, the Commission needed to consider whether the agreement facilitated a cooperative relationship between the employer and employees, which is a key objective under the Fair Work Act.

After careful consideration of the arguments and evidence presented by both Mobil and the union, the Commission found that the Mobil Altona Refinery Maintenance Framework Agreement 2018 met the necessary standards. The agreement was deemed to provide for fair and reasonable terms of employment, promoting a cooperative workplace environment. The Commission concluded that the agreement was not adversely affecting the workers' rights and interests and would facilitate the efficient and safe execution of maintenance activities at the Altona refinery.

In light of the findings, the Commission approved the Mobil Altona Refinery Maintenance Framework Agreement 2018. This decision allows Mobil to implement the agreement, ensuring that the terms and conditions of employment for maintenance workers are properly regulated, and the operations at the Altona refinery can proceed in a manner that is both safe and efficient.

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