Santos Limited

[2013] FWCA 7100

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Santos Limited
(AG2013/2760)

SANTOS LTD COOPER BASIN ENTERPRISE AGREEMENT 2013

Oil and gas industry
COMMISSIONER HAMPTON	ADELAIDE, 17 SEPTEMBER 2013

Application for approval of the Santos Ltd Cooper Basin Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Santos Ltd Cooper Basin Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Santos Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. In reaching this conclusion, I note that the reference award for the purposes of s.193 of the Act is the Santos Ltd - Cooper Basin Operations - Hydrocarbons Award 1998 [AP796095], being an Enterprise Award that has been preserved by virtue of Item 2 of Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

[3] The Australian Workers’ Union - South Australian Branch and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2013. The nominal expiry date of the Agreement is 4 July 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Santos Limited was before the Fair Work Commission, where the company sought approval for its 2013 Cooper Basin Enterprise Agreement. The dispute centred around whether the agreement met the statutory requirements for enterprise agreements and if it appropriately balanced the interests of the employees and the employer. The Fair Work Commission was tasked with examining the agreement to ensure it adhered to the Fair Work Act 2009 and provided fair terms and conditions for all parties involved.

The legal issues that the Fair Work Commission had to decide included whether the agreement was genuinely an enterprise agreement, if it was appropriately certified, and if it contained terms that were fair and reasonable. Additionally, the Commission needed to determine if the agreement adequately addressed the direct and indirect impacts on employees, such as wages, working conditions, and dispute resolution mechanisms. The Commission also considered whether the agreement allowed for genuine bargaining and if it included appropriate provisions for employee representation and consultation.

The Fair Work Commission found that the Santos Ltd Cooper Basin Enterprise Agreement 2013 was genuinely an enterprise agreement, as it was certified by the appropriate authority and contained terms and conditions that were fair and reasonable. The agreement was deemed to appropriately balance the interests of both the employer and the employees. The Commission concluded that the agreement allowed for genuine bargaining and included adequate provisions for employee representation and consultation. Therefore, the application for approval was granted, and the agreement was approved as an enterprise agreement under the Fair Work Act 2009.

No further orders were made by the Commission in relation to the approval of the enterprise agreement. The decision underscores the importance of ensuring that enterprise agreements meet the statutory requirements and provide fair and reasonable terms for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established