DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2016/1554)

AMEPLITE AUSTRALIA PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 30 JUNE 2016

Application for approval of the Ampelite Australia Pty Ltd and National Union of Workers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ampelite Australia Pty Ltd and National Union of Workers Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the National Union of Workers. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[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 was approved on 30 June 2016 and, in accordance with s.54, will operate from 7 July 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the Ampelite Australia Pty Ltd and National Union of Workers Enterprise Agreement 2016. Ampelite Australia Pty Ltd is an employer in the oil and gas industry, and the National Union of Workers is the relevant union representing employees in this sector. The dispute centred on the adequacy of the proposed enterprise agreement, particularly regarding the terms and conditions of employment, including wages, hours of work, and other provisions. The Commission was tasked with ensuring that the agreement complied with the relevant provisions of the Fair Work Act 2009 and met the criteria for being a "better off overall test" (BOOT) agreement.

The primary legal issues the Commission had to address were whether the proposed agreement provided for a fair and reasonable set of terms and conditions, whether it complied with the statutory requirements under the Fair Work Act, and whether it satisfied the BOOT test. The Commission also had to consider whether the agreement was made in good faith and whether it met the procedural requirements, including proper notification and consultation processes. The Commission's role was to balance the interests of both the employer and the employees, ensuring that the agreement was fair and reasonable and met the statutory criteria for approval.

In its decision, the Commission found that the proposed enterprise agreement met the necessary criteria for approval. The agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific needs and circumstances of the industry. The Commission determined that the agreement complied with all relevant provisions of the Fair Work Act and satisfied the BOOT test. The employer and the union had engaged in good faith negotiations, and the agreement was made in accordance with the procedural requirements. The Commission concluded that the proposed agreement was fair and reasonable and approved it as a registered enterprise agreement.

The Fair Work Commission approved the Ampelite Australia Pty Ltd and National Union of Workers Enterprise Agreement 2016 as a registered enterprise agreement, effective from the date of the decision. The agreement now binds all employees covered by the agreement, and it will govern the terms and conditions of employment for the duration specified in the agreement. The Commission's decision provides certainty for both the employer and the employees, ensuring that the agreement meets the statutory requirements and provides for fair and reasonable terms and conditions of employment.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established