Neumann Petroleum Pty Ltd

[2021] FWCA 1322

[2021] FWCA 1322

FAIR WORK COMMISSION

DECISION

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

Neumann Petroleum Pty Ltd
(AG2021/372)

CHEVRON AUSTRALIA DOWNSTREAM TERMINCAL OPERATORS AGREEMENT 2021

Oil and gas industry
COMMISSIONER BOOTH	BRISBANE, 12 MARCH 2021

Application for approval of the Chevron Australia Downstream Terminal Operators Agreement 2021.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Neumann Petroleum Pty Ltd (the Applicant) for approval of the Chevron Australia Downstream Terminal Operators Agreement 2021 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicants on 26 February 2021, noting a concern in relation to the Agreement.

[3] The matter was listed for eHearing on 10 March 2021. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[4] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 2.1 – Ordinary Hours

[5] However, noting the NES precedence clause at 1.5(c), I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] Subject to the matters raised at paragraphs [4]-[5], 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.3 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 12 March 2025.

COMMISSIONER

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