DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Puma Energy (Australia) Bitumen Pty Ltd T/A Puma Energy (Australia) Bitumen Pty Ltd
(AG2020/3473)

PUMA ENERGY (AUSTRALIA) BITUMEN TERMINALS COLLECTIVE AGREEMENT 2020

Oil and gas industry
COMMISSIONER LEE	MELBOURNE, 11 DECEMBER 2020

Application for approval of the Puma Energy (Australia) Bitumen Terminals Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Puma Energy (Australia) Bitumen Terminals Collective Agreement 2020 (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 T/A Puma Energy (Australia) Bitumen Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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.

[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) I note that the Agreement covers the organisation.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 2.1(b) – Permanent Full Time Employee; and

• Clause 2.12 – Abandonment of Employment; and

However, noting clause 1.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2020. The nominal expiry date of the Agreement is 10 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Puma Energy (Australia) Bitumen Pty Ltd, trading as Puma Energy (Australia) Bitumen Pty Ltd, applied to the Fair Work Commission for approval of the Puma Energy (Australia) Bitumen Terminals Collective Agreement 2020. The application involved employees covered by the agreement who were engaged in the bitumen terminal operations across various locations in Australia. The nature of the dispute centred on whether the collective agreement complied with the necessary statutory requirements and provided adequate protections for the employees.

The legal issues before the court encompassed whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it contained the mandated minimum terms and conditions, and whether it was free from prohibited content. Additionally, the court needed to consider whether the agreement adequately addressed the employees' rights and obligations, and whether it had been appropriately negotiated. The primary concern was ensuring that the agreement balanced the interests of both the employer and the employees, while also complying with the legislative framework.

The court examined the agreement clause by clause, assessing its compliance with the statutory requirements and evaluating the fairness and reasonableness of the terms. It considered whether the agreement provided adequate protections for the employees, including provisions on wages, hours of work, leave, and other employment conditions. The court also scrutinised the negotiation process to ensure it met the standards of good faith bargaining. Ultimately, the court found that the agreement met all the necessary legal requirements and was fair and reasonable, thus granting approval. The court's decision was based on the comprehensive compliance of the agreement with the Fair Work Act 2009, the balance of interests between the parties, and the adequacy of employee protections.

Puma Energy (Australia) Bitumen Pty Ltd T/A 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