Santos Ltd

[2020] FWCA 475

[2020] FWCA 475

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Santos Ltd
(AG2019/4614)

SANTOS LTD COOPER BASIN ENTERPRISE AGREEMENT 2019

Oil and gas industry
COMMISSIONER SIMPSON	BRISBANE, 4 FEBRUARY 2020

Application for approval of the Santos Ltd Cooper Basin Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Santos Ltd Cooper Basin Enterprise Agreement 2019 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Santos Ltd (the Applicant).

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). The employer has provided an undertaking to address this and I am satisfied that per the undertaking, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[6] The Consultation term at clause 3.2 of the Agreement is inconsistent with section 205(1A) of the Act. The model term is taken to be a term of the Agreement.

[7] The Agreement lodged contained an error at page 24. On 30 January 2020, the Applicant filed an amended page of the Agreement pursuant to s. 586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s. 586 of the Act.

[8] Mr Frank Mateos, Assistant Branch Secretary of the Australian Workers Union (AWU), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the AWU wants the Agreement to cover it.

[9] Mr Stuart Gordon, Assistant State Secretary of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the AMWU wants the Agreement to cover it.

[10] In accordance with s.201(2) of the Act, I note the Agreement covers the AWU and AMWU.

[11] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE506914  PR716272>

Appendix A