DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

National Union of Workers
(AG2015/1024)

MOBIL ALTONA REFINERY PROCUREMENT WAREHOUSE IMPROVEMENT AGREEMENT 2015

Oil and gas industry
VICE PRESIDENT WATSON	MELBOURNE, 13 MAY 2015

Application for approval of the Mobil Altona Refinery Procurement Warehouse Improvement Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mobil Altona Refinery Procurement Warehouse Improvement 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. The agreement is a single enterprise agreement.

[2] A written undertaking dated 4 May 2015 has been received from the employer concerning consultation in relation to clause 31 of the Agreement. Pursuant to s.191 of the Act, the undertaking is taken to be a term of the Agreement. A copy of the undertaking is annexed to this decision and to the Agreement.

[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 National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 20 May 2015. The nominal expiry date of the Agreement is 31 March 2019.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties to the proceedings were the National Union of Workers and Mobil Oil Australia Limited, which was engaged in a dispute concerning the approval of a collective agreement under the Fair Work Act 2009. The matter was heard in the Fair Work Commission. The union sought approval for the Mobil Altona Refinery Procurement Warehouse Improvement Agreement 2015, which included various terms and conditions for employees working in the refinery's procurement warehouse. The primary legal issues the court was required to decide were whether the agreement met the criteria for approval under the Fair Work Act and whether it provided for the fair and reasonable terms and conditions of employment.

The court examined the agreement to determine whether it complied with the legislative requirements. It considered the scope of the agreement, the bargaining process, and the provisions within the agreement itself. The court also evaluated whether the agreement provided for fair and reasonable terms and conditions of employment, including wages, hours of work, and other employment-related matters. After thorough consideration, the court concluded that the agreement met all the necessary criteria and provided for fair and reasonable terms and conditions of employment. Consequently, the court approved the Mobil Altona Refinery Procurement Warehouse Improvement Agreement 2015.

The court's decision was based on the comprehensive evaluation of the agreement and the satisfaction of the statutory requirements. The court determined that the agreement was the product of genuine bargaining between the parties and contained provisions that were fair and reasonable. The court found that the agreement met the criteria for approval under the Fair Work Act, and thus, it granted approval for the agreement. The court's approval ensures that the terms and conditions set out in the agreement will apply to the employees covered by the agreement, providing them with a legally binding framework for their 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