Santos WA Energy Limited

[2023] FWCA 386

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Santos WA Energy Limited

(AG2023/113)

Santos WA Energy Limited Varanus Island Hub Enterprise Agreement 2022

Oil and gas industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 FEBRUARY 2023

Application for approval of the Santos WA Energy Limited Varanus Island Hub Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Santos WA Energy Limited Varanus Island Hub Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Santos WA Energy Limited. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 14 February 2023 and, in accordance with s.54, will operate from 21 February 2023. The nominal expiry date of the Agreement is 14 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Santos WA Energy Limited, sought approval of the Varanus Island Hub Enterprise Agreement 2022. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application on behalf of its members employed by the applicant. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The central issue before the Commission was whether the agreement complied with the legal standards set out in the Fair Work Act. Specifically, the Commission needed to determine if the agreement had been genuinely negotiated and if it met the criteria for a certified agreement under the Act. The Commission considered the parties' submissions and evidence, including the negotiation process and the agreement's terms.

The Commission found that the agreement had been genuinely negotiated between the parties, and it met the criteria for a certified agreement. The Commission was satisfied that the agreement provided for a fair and efficient workplace and that it was in the best interests of the employees. The Commission approved the agreement, and it will now be in effect for the duration specified in the agreement.

The Commission made an order approving the Varanus Island Hub Enterprise Agreement 2022 as a certified agreement under the Fair Work Act. The agreement will now be in effect and will govern the employment conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established