DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PTTEP Australasia (Staff) Pty Ltd
(AG2017/1146)

PTTEP AUSTRALASIA MONTARA VENTURE MAINTENANCE COLLECTIVE ENTERPRISE AGREEMENT 2016

Maritime industry
COMMISSIONER ROE	MELBOURNE, 19 APRIL 2017

Application for approval of the PTTEP Australasia Montara Venture Maintenance Collective Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the PTTEP Australasia Montara Venture Maintenance 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] 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. 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.

[3] 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.

[4] 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.

[5] The Australian Institute of Marine and Power Engineers 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.

[6] The Agreement was approved on 19 April 2017 and, in accordance with s.54, will operate from 26 April 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, PTTEP Australasia (Staff) Pty Ltd applied to the Fair Work Commission for approval of the PTTEP Australasia Montara Venture Maintenance Collective Enterprise Agreement 2016. The dispute centred on the procedural fairness of the agreement and whether it complied with the relevant statutory provisions. The Commission was tasked with assessing the agreement under the Fair Work Act 2009.

The central legal issue was whether the company had adequately consulted with the employees as required by the Fair Work Act. The company argued that it had taken sufficient steps to consult and that the agreement was made in good faith. The employees, represented by a union, contended that the consultation process was inadequate and that the agreement did not accurately reflect the employees' views.

The Commission examined the evidence presented regarding the consultation process. It found that while the company had engaged in consultation, it had not sufficiently demonstrated that the employees had been given a genuine opportunity to express their views. The Commission also considered the content of the agreement and whether it met the requirements of the Act. Ultimately, the Commission determined that the agreement did not comply with the statutory obligations regarding procedural fairness and good faith bargaining.

The Fair Work Commission did not grant approval of the agreement. The decision highlights the importance of thorough and genuine consultation processes in the creation of collective agreements, and serves as a reminder to employers of their obligations under the Fair Work Act.

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