DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2014/10440)

MOBIL ALTONA REFINERY OPERATIONS CONTINUOUS IMPROVEMENT AGREEMENT 2015

Oil and gas industry
COMMISSIONER CRIBB	MELBOURNE, 8 JANUARY 2015

Application for approval of the Mobil Altona Refinery Operations Continuous Improvement Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mobil Altona Refinery Operations Continuous 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] 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 8 January 2015 and, in accordance with s.54 of the Act, will operate from 15 January 2015. The nominal expiry date of the Agreement is 31 December 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the National Union of Workers and Mobil Oil Australia Limited. The dispute concerns the approval of the Mobil Altona Refinery Operations Continuous Improvement Agreement 2015, which is a workplace agreement that governs the terms and conditions of employment for workers at the Altona refinery. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal. The union sought approval of the agreement under section 186 of the Fair Work Act 2009, while Mobil opposed the application.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and whether it provided for fair and equitable terms and conditions of employment. The Commission considered whether the agreement had been made freely and voluntarily, whether it provided for a proper process for resolving disputes, and whether it included appropriate safeguards for employees. The Commission also considered whether the agreement was in the best interests of the employees and whether it provided for appropriate consultation and information processes.

After considering the evidence and submissions from both parties, the Commission found that the agreement met the requirements of the Fair Work Act and provided for fair and equitable terms and conditions of employment. The Commission noted that the agreement had been made freely and voluntarily, included appropriate dispute resolution processes, and provided for adequate consultation and information processes. The Commission also found that the agreement was in the best interests of the employees and provided for appropriate safeguards. Accordingly, the Commission approved the agreement under section 186 of the Fair Work Act.

The Fair Work Commission approved the Mobil Altona Refinery Operations Continuous Improvement Agreement 2015, finding that it met the requirements of the Fair Work Act and provided for fair and equitable terms and conditions of employment. The agreement is now a legally binding workplace agreement that governs the employment of workers at the Altona refinery.

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