Robert Solin v Chevron Australia Pty Ltd

[2017] FWC 2584

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Robert Solin
v
Chevron Australia Pty Ltd
(U2016/13206)

COMMISSIONER WILLIAMS PERTH, 22 MAY 2017

Termination of employment.

[1] This decision concerns an unfair dismissal remedy application made by Mr Robert Solin (Mr Solin or the Applicant) under section 394 of the Fair Work Act 2009 (the Act). The respondent is Chevron Australia Pty Ltd (Chevron or the Respondent).

Evidence

[2] The parties have submitted a statement of agreed facts which I accept.

[3] For the purposes of this proceeding only, the Applicant and the Respondent agree as follows.

[4] The Respondent is the operator of the Gorgon Liquefied Natural Gas Project on Barrow Island (BWI) in Western Australia (Gorgon Project).

[5] Pursuant to an employment contract dated 2 August 2013, the Applicant initially commenced employment with the Respondent on 2 September 2013 in the position of Production Technician - Pay Salary Grade 18 based in Perth in the Respondent’s Gorgon Operations department.

[6] On 23 July 2014, the Applicant entered into a new contract of employment with the Respondent in the position of Production Technician - Pay Salary Grade 18 in the Respondent’s Gorgon Operations department pursuant to which the Applicant would mobilise to the Gorgon Project on a rotational basis (2014 Contract).

[7] The 2014 Contract relevantly states that:

“The Company has policies and procedures which have been made accessible to all employees. You will be required to familiarise yourself with and comply with such policies and procedures as amended by the Company in its sole discretion from time to time. The Company's policies and procedures do not form part of your contract of employment and are not binding on the Company.”

[8] The Applicant commenced work on BWI on 6 August 2014 on a Ten Week Roster.

[9] At the date of his dismissal, the Applicant was a senior employee on the Gorgon Project, and he received a total remuneration package of $193,546 (gross), comprised of the following components:

(a) Base salary: $107,300;

(b) Field loading: $55,000;

(c) Travel allowance: $1,668;

(d) Various non-cash benefits, including:

(i) Chevron Employee Share Plan: $2,146;

(ii) Superannuation: $17,168;

(iii) Superannuation administration fees: $487;

(iv) Group Life Insurance: $1,193; and

(e) At-risk bonus (to be paid in April 2017 based on performance): up to $8,584.

[10] Two of the Respondent’s key policies are the ‘Chevron Way’ and the ‘Business Conduct and Ethics Code’. These policies articulate the Respondent’s values and establish the standard of conduct with which it expects all of its employees to conduct themselves. These policies place the highest priority on the health, safety and diversity of the Respondent’s workforce.

[11] The Chevron Way relevantly provides that:

“Values

Our company’s foundation is built on our values, which distinguish us and guide our actions. We conduct our business in a socially responsible and ethical manner. We respect the law, support universal human rights, protect the environment and benefit the communities where we work.

Integrity

We…