DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PTTEP Australasia (Staff) Pty Ltd
(AG2017/1155)

PTTEP AUSTRALASIA MONTARA VENTURE MARINE AND PRODUCTION COLLECTIVE ENTERPRISE AGREEMENT 2016

Oil and gas industry
COMMISSIONER ROE	MELBOURNE, 4 MAY 2017

Application for approval of the PTTEP Australasia Montara Venture Marine and Production Collective Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the PTTEP Australasia Montara Venture Marine and Production Collective Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PTTEP Australasia (Staff) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Maritime Officers’ Union, The Australian Workers’ Union, The Maritime Union of Australia 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) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 4 May 2017 and, in accordance with s.54, will operate from 11 May 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter in PTTEP Australasia (Staff) Pty Ltd involved an application for the approval of a collective enterprise agreement. The agreement in question was the PTTEP Australasia Montara Venture Marine and Production Collective Enterprise Agreement 2016. The dispute was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the proper protection of employees' rights and entitlements, and whether it complied with the good faith bargaining requirements stipulated by the Fair Work Act. The Commission needed to assess whether the agreement had been negotiated in good faith and if it included terms that were fair and reasonable for both the employer and the employees. Additionally, the Commission had to consider whether the agreement was likely to promote harmonious, productive and cooperative workplace relations.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, concluded that the agreement had been negotiated in good faith and contained terms that were fair and reasonable. The Commission found that the agreement provided for the proper protection of employees' rights and entitlements, and it was likely to promote harmonious, productive and cooperative workplace relations. Consequently, the Commission approved the PTTEP Australasia Montara Venture Marine and Production Collective Enterprise Agreement 2016, subject to the usual conditions of approval under the Fair Work Act.

The Fair Work Commission's decision was based on the evidence presented and the submissions made by the parties involved. The Commission found that the agreement met the necessary requirements for approval and therefore granted the application for approval of the PTTEP Australasia Montara Venture Marine and Production Collective Enterprise Agreement 2016. The agreement was approved on the conditions that it be registered with the Fair Work Commission and that it be provided to all employees covered by the agreement.

PTTEP Australasia (Staff) 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