DECISION

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

Penfold Projects Pty Ltd
(AG2015/4259)

PENFOLD PROJECTS PTY LTD ICHTHYS ONSHORE CONSTRUCTION ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 14 AUGUST 2015

Application for approval of the Penfold Projects Pty Ltd Ichthys Onshore Construction Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Penfold Projects Pty Ltd Ichthys Onshore Construction Enterprise Agreement. (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Penfold Projects Pty Ltd. The agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Woodside Energy, sought approval of the proposed Penfold Projects Pty Ltd Ichthys Onshore Construction Enterprise Agreement, which would govern the employment conditions of employees engaged under the agreement. The dispute arose from the negotiation process and the subsequent drafting of the agreement. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act.

The central legal issue before the Commission was whether the proposed agreement satisfied the procedural and substantive requirements for approval as an enterprise agreement under the Fair Work Act. Specifically, the Commission had to assess whether the agreement had been genuinely bargained between employers and employees, and whether it met the criteria for a single, integrated agreement covering all employees within the designated scope.

The Commission found that the agreement had been genuinely bargained and met the necessary legal standards. It considered the process by which the agreement was negotiated, including the involvement of relevant employee representatives and the extent to which the terms of the agreement reflected the interests of both parties. The Commission also examined the substantive content of the agreement, ensuring that it did not adversely affect employees' terms and conditions of employment. Given that the agreement met all the legal requirements, the Commission approved the Penfold Projects Pty Ltd Ichthys Onshore Construction Enterprise Agreement.

The Fair Work Commission approved the proposed Penfold Projects Pty Ltd Ichthys Onshore Construction Enterprise Agreement, effective from the date of the decision. This approval signifies the agreement's compliance with the procedural and substantive requirements under the Fair Work Act, ensuring that it serves as a legitimate and fair basis for the employment conditions of the employees covered by the agreement.

Penfold Projects Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established