DECISION

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

Santos Ltd T/A Santos
(AG2016/5552)

SANTOS LTD COOPER BASIN ENTERPRISE AGREEMENT 2016

Oil and gas industry
COMMISSIONER HAMPTON	ADELAIDE, 15 SEPTEMBER 2016

Application for approval of the Santos Ltd Cooper Basin Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Santos Ltd Cooper Basin Enterprise Agreement 2016 (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 Australian Workers’ Union 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 given notice under s.183 of the Act that each 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 22 September 2016. The nominal expiry date of the Agreement is 4 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Santos Ltd, trading as Santos, applied to the Fair Work Commission for approval of the Santos Ltd Cooper Basin Enterprise Agreement 2016. The application arose in the context of industrial action by employees, necessitating the approval of a new enterprise agreement to address the ongoing dispute. The Fair Work Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement contained provisions that were contrary to the public interest, as per section 235(1)(a) of the Act. This required an examination of the agreement's content and its implications for the public interest, particularly in light of the potential impact on the employees' employment conditions and the broader industry standards.

The Commission found that the proposed agreement did not contravene the public interest provisions. It concluded that the agreement provided a fair and reasonable outcome for both parties, considering the specific circumstances of the dispute and the need for a resolution that would support the efficient operation of the business. The agreement was deemed to be in the public interest as it addressed the concerns of the employees and provided for a balanced resolution of the industrial dispute. Consequently, the Commission approved the agreement, allowing it to take effect and resolve the ongoing industrial action.

Santos Ltd T/A Santos

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established