DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Puma Energy (Australia) Bitumen Pty Ltd
(AG2017/2977)

PUMA ENERGY (AUSTRALIA) BULWER ISLAND BITUMEN OPERATORS AGREEMENT 2017

Oil and gas industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 31 OCTOBER 2017

Application for approval of the Puma Energy (Australia) Bulwer Island Bitumen Operators Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Puma Energy (Australia) Bulwer Island Bitumen Operators Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Puma Energy (Australia) Bitumen 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 31 October 2017 and, in accordance with s.54, will operate from 7 November 2017. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Puma Energy (Australia) Bitumen Pty Ltd, sought approval of the Puma Energy (Australia) Bulwer Island Bitumen Operators Agreement 2017, from the Fair Work Commission. The application was made under section 235 of the Fair Work Act 2009. The Commission was asked to consider whether the agreement was in the public interest, and therefore should be approved and registered.

The legal issues before the Commission were whether the agreement met the criteria for approval under section 235 of the Act, and whether it was in the public interest to approve and register the agreement. Specifically, the Commission was required to consider whether the agreement provided for the fair and equitable treatment of employees, and whether it promoted productivity, economic efficiency, and industrial peace.

The Commission found that the agreement met the criteria for approval under section 235 of the Act. It provided for the fair and equitable treatment of employees, and promoted productivity, economic efficiency, and industrial peace. The Commission noted that the agreement contained provisions for the protection of employee rights and entitlements, including provisions for minimum wages and conditions, dispute resolution, and the protection of vulnerable workers. The Commission also noted that the agreement promoted productivity and economic efficiency by providing for flexible work arrangements and the efficient use of resources. Finally, the Commission found that the agreement promoted industrial peace by providing for effective communication and consultation between employers and employees.

Accordingly, the Commission approved and registered the Puma Energy (Australia) Bulwer Island Bitumen Operators Agreement 2017. The agreement is now legally binding on all parties and will provide for the fair and equitable treatment of employees, and promote productivity, economic efficiency, and industrial peace.

Puma Energy (Australia) Bitumen 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