DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Santos WA Energy Limited
(AG2021/4859)

SANTOS WA ENERGY LTD DEVIL CREEK OPERATIONS ENTERPRISE AGREEMENT 2021

Oil and gas industry
COMMISSIONER MCKINNON	MELBOURNE, 7 MAY 2021

Application for approval of the Santos WA Energy Ltd Devil Creek Operations Enterprise Agreement 2021.

[1] Santos WA Energy Limited has applied for approval of a single enterprise agreement known as the Santos WA Energy Ltd Devil Creek Operations Enterprise Agreement 2021 (the Agreement).

[2] A written undertaking has been given in accordance with section 190 of the Act and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 14 May 2021. The nominal expiry date of the Agreement is 6 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Santos WA Energy Limited applied for the approval of the Devil Creek Operations Enterprise Agreement 2021. The application was brought in the Fair Work Commission, which is the federal workplace relations tribunal. The agreement, if approved, would apply to certain employees of the company, and the dispute centred around whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions for the employees, whether it met the statutory requirements for enterprise agreements, and if it provided for adequate protections for employees. The Commission needed to ensure that the agreement complied with the Act and did not disadvantage employees.

The Fair Work Commission found that the agreement provided fair and reasonable terms for the employees and met the statutory requirements for approval. The Commission noted that the agreement provided for appropriate protections for employees, including provisions for minimum rates of pay, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement did not disadvantage employees and was in line with the principles of the Act.

The Fair Work Commission approved the Devil Creek Operations Enterprise Agreement 2021, and it will now apply to the relevant employees of Santos WA Energy Limited. The Commission's decision provides clarity for both the company and its employees regarding the terms and conditions of employment under the agreement.

Santos WA Energy Limited

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established