Precision Energy Services (Australia) Pty Ltd

[2022] FWCA 1617

[2022] FWCA 1617

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Precision Energy Services (Australia) Pty Ltd

(AG2022/1296)

Precision Energy Services (Australia) Pty Ltd Oil Field Employees Enterprise Agreement 2022

Oil and gas industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 MAY 2022

Application for approval of the Precision Energy Services (Australia) Pty Ltd Oil Field Employees Enterprise Agreement 2022.

1. An application has been made for approval of an enterprise agreement known as the Precision Energy Services (Australia) Pty Ltd Oil Field Employees Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Precision Energy Services (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. Question 20 of the Form F17 indicates that employees were sent an email on 8 April 2022 notifying them of the vote date and method. This email did not notify employees of the place of the vote as required by s.180(3)(a) of the Act. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. I note that Clause 10(c)(i) is inconsistent with the National Employment Standards. The Applicant has addressed this as part of their written undertakings. I am consequently satisfied that the more beneficial entitlement of the NES will prevail.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2022. The nominal expiry date of the Agreement is 15 May 2026.

DEPUTY PRESIDENT

Annexure A

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

<AE515975  PR741627>