DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sapura Petroleum (Australia) Pty Ltd
(AG2015/4997)

SAPURA PETROLEUM AUSTRALIA PTY LTD ONSHORE AND OFFSHORE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 25 SEPTEMBER 2015

Application for approval of the Sapura Petroleum Australia Pty Ltd Onshore and Offshore Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the Sapura Petroleum Australia Pty Ltd Onshore and Offshore Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Sapura Petroleum Australia Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Australian Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54, will operate from 2 October 2015. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sapura Petroleum (Australia) Pty Ltd was the applicant in this case before the Fair Work Commission. The dispute centred around the approval of the Sapura Petroleum Australia Pty Ltd Onshore and Offshore Agreement 2015. The applicant sought the Commission's approval of this enterprise agreement, which aimed to regulate the terms and conditions of employment for workers within the company. The legal issues before the Commission were primarily concerned with whether the agreement was in compliance with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the requirements for a low-paid workforce agreement and whether it provided for appropriate minimum terms and conditions for the employees involved.

The Commission began its analysis by considering the definition of a low-paid workforce agreement under section 213 of the Fair Work Act. It examined whether the proposed agreement satisfied the criteria for such an agreement, including the proportion of low-paid employees and the overall fairness of the terms. The Commission also evaluated if the agreement provided for adequate minimum terms and conditions, as stipulated in section 218 of the Act. It assessed the provisions related to wages, hours of work, leave entitlements, and other relevant matters to ensure they met the necessary standards. After a thorough review of the agreement and the submissions from both parties, the Commission determined that the Sapura Petroleum Australia Pty Ltd Onshore and Offshore Agreement 2015 was compliant with the Act.

As a result of its findings, the Fair Work Commission approved the Sapura Petroleum Australia Pty Ltd Onshore and Offshore Agreement 2015. The approval was granted on the condition that the agreement would be subject to certain modifications to address any potential issues identified during the review process. These modifications aimed to ensure that the agreement would provide fair and reasonable terms and conditions for the employees, while also meeting the requirements of the Fair Work Act. The approval marked the final step in the process, allowing the agreement to take effect and govern the employment terms of the workers within the company.

Sapura Petroleum (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established