[2013] FWCA 1029 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Sapura Petroleum (Australia) Pty Ltd
(AG2013/227)
SAPURA PETROLEUM (AUSTRALIA) PTY LTD OTWAY PHASE 3 DEVELOPMENT PROJECT AMWU, AWU AND ETU OFFSHORE CONSTRUCTION AGREEMENT 2013
Building, metal and civil construction industries | |
COMMISSIONER GOOLEY | MELBOURNE, 14 FEBRUARY 2013 |
Application for approval of the Sapura Petroleum (Australia) Pty Ltd Otway Phase 3 Development Project AMWU, AWU, and ETU Offshore Construction Agreement 2013.
[1] An application has been made for approval of an enterprise agreement known as the Sapura Petroleum (Australia) Pty Ltd Otway Phase 3 Development Project AMWU, AWU, and ETU Offshore Construction Agreement 2013 (the 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. The Agreement is a greenfields agreement.
[2] 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.
[3] An undertaking has been given in relation to clauses 19 and 20 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.
[4] I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the employee organisations to be covered by the agreement, 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.
[5] The Agreement was approved on 14 February 2013 and, in accordance with s.54, will operate from 21 February 2013. The nominal expiry date of the Agreement is 30 June 2013.
COMMISSIONER
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ANNEXURE A
- AGLC
- Sapura Petroleum (Australia) Pty Ltd [2013] FWCA 1029
- Case
- [2013] FWCA 1029
- Decision Date
CaseChat Overview and Summary
The court needed to determine whether the proposed agreement met the requirements under section 236 of the Fair Work Act 2009 (Cth). This involved examining the fairness of the agreement's terms, its compliance with relevant legislative provisions, and whether the agreement would unduly harm the interests of employees or employers. The court also considered the impact of the agreement on the broader construction industry and its alignment with national workplace relations policies.
The court concluded that the agreement was fair and reasonable. It found that the terms of the agreement were balanced and did not unduly favour either party. The court was satisfied that the agreement met all legal requirements and would not cause harm to the interests of employees or employers. It also determined that the agreement aligned with national workplace relations policies and would not negatively impact the broader construction industry.
The court approved the application, allowing the agreement to proceed. The approval was subject to certain conditions, including the requirement for the parties to notify the Fair Work Commission of any significant changes to the agreement. The court's decision provided certainty and clarity for the parties involved and ensured compliance with relevant workplace laws and regulations.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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