DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quadrant Energy Australia Limited
(AG2017/985)

QUADRANT ENERGY AUSTRALIA LIMITED VARANUS ISLAND HUB ENTERPRISE AGREEMENT 2017 - 2020

Oil and gas industry
COMMISSIONER ROE	MELBOURNE, 3 APRIL 2017

Application for approval of the Quadrant Energy Australia Limited Varanus Island Hub Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Quadrant Energy Australia Limited Varanus Island Hub Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Quadrant Energy Australia Limited. 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] The Agreement was approved on 3 April 2017 and, in accordance with s.54, will operate from 10 April 2017. The nominal expiry date of the Agreement is 10 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Quadrant Energy Australia Limited applied to the Fair Work Commission for approval of the Varanus Island Hub Enterprise Agreement 2017-2020. The Australian Manufacturing Workers' Union opposed the application, contending that the agreement did not meet the criteria for registration under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement satisfied the requirements of the Act, specifically whether it was a genuine enterprise agreement.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement, and whether it met the "better off overall test" as required by the Fair Work Act. The Commission had to consider whether the agreement had been made in good faith and whether it provided employees with at least the national minimum terms and conditions of employment. The Commission also had to determine whether the agreement was procedurally sound and whether the parties had made a genuine effort to reach an agreement.

The Commission found that the agreement was a genuine enterprise agreement and approved the application. The Commission noted that the agreement had been negotiated in good faith and that it provided employees with at least the national minimum terms and conditions of employment. The Commission also found that the agreement met the "better off overall test" and that the parties had made a genuine effort to reach an agreement. The Commission noted that the agreement provided for a range of benefits for employees, including increased wages, improved working conditions, and better access to training and development opportunities.

The Commission approved the application for registration of the Varanus Island Hub Enterprise Agreement 2017-2020. The agreement will now be registered and will apply to all employees covered by the agreement. The agreement provides for a range of benefits for employees and will help to ensure that they are paid a fair and reasonable wage and have access to fair and equitable working conditions.

Quadrant Energy Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established