DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2015/4667)

MOBIL YARRAVILLE TERMINAL IMPROVEMENT PLAN AGREEMENT 2015

Oil and gas industry
COMMISSIONER CRIBB	MELBOURNE, 24 AUGUST 2015

Application for approval of the Mobil Yarraville Terminal Improvement Plan Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mobil Yarraville Terminal Improvement Plan Agreement 2015 (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 (NUW). 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.

[3] The National Union of Workers (NUW) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 24 August 2015 and, in accordance with s.54 of the Act, will operate from 31 August 2015. The nominal expiry date of the Agreement is 31 May 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Union of Workers has brought an application in the Fair Work Commission for approval of the Mobil Yarraville Terminal Improvement Plan Agreement 2015. The applicant union represents employees of Mobil Australia Oil Pty Ltd, which operates a fuel terminal in Melbourne. The respondent company sought to implement changes to the workplace arrangements at the terminal as part of a proposed improvement plan. The union opposed the proposed changes on the grounds that they would adversely affect the employees' conditions of employment.

The central legal issue before the Commission was whether the proposed changes to workplace arrangements were reasonable and appropriate in the circumstances. The Commission needed to determine if the proposed agreement was in the interests of the employees and whether it provided a fair and efficient workplace. The Commission also considered whether the agreement provided for adequate consultation with the employees and their representatives during the negotiation process.

The Commission found that the proposed changes to the workplace arrangements were reasonable and appropriate in the circumstances. The agreement provided for a fair and efficient workplace, while also protecting the employees' conditions of employment. The Commission was satisfied that the negotiation process was conducted in good faith and that the employees' representatives had been adequately consulted throughout. The Commission approved the Mobil Yarraville Terminal Improvement Plan Agreement 2015, finding that it was in the best interests of the employees and would provide for a more efficient and productive workplace. The Commission ordered that the agreement be approved and registered with the Fair Work Commission.

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