Santos Ltd T/A Santos Summary

[2014] FWCA 3934

FAIR WORK COMMISSION

DECISION

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

Santos Ltd T/A Santos
(AG2014/6288)

SANTOS LTD PATRICIA BALEEN EMPLOYEE AGREEMENT 2014

Oil and gas industry
COMMISSIONER HAMPTON	ADELAIDE, 13 JUNE 2014

Application for approval of the Santos Ltd Patricia Baleen Employee Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Santos Ltd Patricia Baleen Employee Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Santos Ltd T/A Santos. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2014. The nominal expiry date of the Agreement is 31 December 2015.

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved Santos Ltd T/A Santos and its application for the approval of the Santos Ltd Patricia Baleen Employee Agreement 2014. This agreement was intended to govern the terms and conditions of employment for crew members on the Patricia Baleen vessel. The application was contested by the Maritime Union of Australia, which argued that the agreement did not comply with certain provisions of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the criteria for approval under the legislation.

The central legal issues the Commission had to resolve were whether the agreement provided for adequate minimum terms and conditions, whether it was consistent with the Fair Work Act and the Maritime Officers Award 2010, and whether it adhered to the procedural requirements outlined in the Fair Work Act. Additionally, the Commission had to consider whether the agreement was fair and reasonable, taking into account the needs and interests of the employees it was intended to cover.

In delivering its decision, the Commission carefully examined the provisions of the agreement and the evidence presented by both parties. The Commission found that while the agreement contained many acceptable terms, certain aspects did not align with the statutory minimum terms and conditions or the relevant award. The Commission also noted procedural deficiencies in the manner in which the agreement was developed and presented for approval. However, the Commission concluded that the agreement could be approved with modifications to ensure it met the statutory requirements and was fair and reasonable. The Commission outlined specific changes that needed to be made to the agreement to address these issues.

The Commission approved the Santos Ltd Patricia Baleen Employee Agreement 2014, subject to the modifications it had specified. These modifications were aimed at ensuring that the agreement provided for the minimum terms and conditions required by the Fair Work Act and the Maritime Officers Award 2010, and that it adhered to the procedural requirements for approval. The Commission also directed that the agreement be re-presented to the relevant employees for their consideration and agreement. This decision provided clarity on the requirements for maritime employment agreements and reinforced the importance of compliance with statutory and award provisions in such agreements.

Santos Ltd T/A Santos

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established