Shell Australia FLNG Pty Ltd
[2022] FWCA 3711
•25 OCTOBER 2022
[2022] FWCA 3711
The attached document replaces the document previously issued with the above code on 25 October 2022.
The Agreement title in paragraph [1] has been amended.
Associate to Commissioner Simpson
Dated 26 October 2022
| [2022] FWCA 3711 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Shell Australia FLNG Pty Ltd
(AG2022/3928)
Shell Prelude Enterprise Agreement 2022
| Oil and gas industry | |
| COMMISSIONER SIMPSON | BRISBANE, 25 OCTOBER 2022 |
Application for approval of the Shell Prelude Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Shell Prelude 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 Shell Australia FLNG Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Australian Workers’ Union (AWU) raised via written correspondence to the Commission on 19 September 2022 that there was a typographical error in the Agreement at cl.2.3.1 – the company expressed to be covered is noted as ‘Shell FLNG Australia Pty Ltd’ rather than ‘Shell Australia FLNG Pty Ltd’. I raised this with the Applicant on 5 October 2022, and the Applicant sought that a correction be made to clause 2.3.1 of the Agreement. I am satisfied that a correction should be made and that it is appropriate to do so pursuant to s.586 of the Act. The correction submitted by the Applicant is attached at Annexure A.
The Applicant has provided written undertakings. A copy of the undertakings is attached at Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The AWU and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) both lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU and CEPU.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE517910 PR747143>
Annexure A
Annexure B
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