DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sarens (Australia) Pty Ltd
(AG2015/6832)

SARENS AUSTRALIA PTY LTD - GORGON PROJECT - BARROW ISLAND ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 22 DECEMBER 2015

Application for approval of the Sarens Australia Pty Ltd - Gorgon Project - Barrow Island Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sarens Australia Pty Ltd – Gorgon Project – Barrow Island Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sarens (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Construction, Forestry, Mining and Energy Union (CFMEU) lodged a Form F18 on 8 December 2015 in support of the application. The Form F16 did not nominate the CFMEU as a Union Bargaining Representative and the Applicant confirmed the Form F16 was not in error. The CFMEU were contacted by email on 15 December 2015 and asked to provide evidence to satisfy the Commission that the Union was a bargaining representative in the matter by close of business 17 December 2015. The CFMEU failed to provide any response to the email correspondence. The CFMEU failed to provide evidence in accordance with s.176 (1) of the Act, that they were in fact a bargaining representative in the matter. As I am not satisfied the CFMEU was a bargaining representative, I am not satisfied the CFMEU are entitled to be covered by the agreement pursuant to s.183 (1).

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

Sarens (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Sarens Australia Pty Ltd - Gorgon Project - Barrow Island Enterprise Agreement 2015. The application arose out of a dispute regarding the terms of employment between Sarens and its employees who were working on the Gorgon Project on Barrow Island. The Fair Work Commission, presided over by Commissioner J M Mortimer, was tasked with assessing whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues the court needed to address were whether the agreement provided adequate protections for employees and if it complied with the requirements of the Fair Work Act, particularly sections concerning the process for approving enterprise agreements. This included ensuring the agreement was made without coercion, contained appropriate terms and conditions, and met other statutory criteria. The court also needed to consider if the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions of employment.

Commissioner Mortimer carefully examined the provisions of the agreement and the submissions made by both parties. The court found that the agreement met the statutory requirements and provided adequate protections for the employees. The commissioner was satisfied that the agreement was made without any element of coercion and contained terms and conditions that were fair and reasonable. The agreement was thus approved, and the court issued its decision accordingly, confirming the validity and enforceability of the Sarens Australia Pty Ltd - Gorgon Project - Barrow Island Enterprise Agreement 2015.

Sarens (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