DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shell Australia Lubricants Production Pty Ltd
(AG2015/1375)

SHELL AUSTRALIA LUBRICANTS PRODUCTION ENTERPRISE BARGAINING AGREEMENT 2015

Oil and gas industry
COMMISSIONER SIMPSON	BRISBANE, 12 JUNE 2015

Application for approval of the Shell Australia Lubricants Production Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Shell Australia Lubricants Production Enterprise Bargaining 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 Shell Australia Lubricants Production Pty Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The National Union of Workers being a bargaining representative for the Agreement, have given 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 this organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 1 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Shell Australia Lubricants Production Pty Ltd and its employees, who sought approval for the Shell Australia Lubricants Production Enterprise Bargaining Agreement 2015. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The key legal issues before the Commission included whether the agreement met the requirements for being a single enterprise agreement, whether it adhered to the minimum terms and conditions set by the Fair Work Act, and whether it complied with the good faith bargaining provisions. The Commission also had to consider if the agreement provided for adequate employee representation and consultation mechanisms.

The Fair Work Commission determined that the agreement complied with the statutory requirements. It found that the agreement was a single enterprise agreement and satisfied the minimum terms and conditions as prescribed by the Act. The Commission further found that the bargaining process was conducted in good faith and that the agreement included appropriate provisions for employee representation and consultation. The Commission approved the agreement, subject to certain conditions, which addressed minor concerns regarding the detail and clarity of some provisions.

The final orders of the Commission included the approval of the Shell Australia Lubricants Production Enterprise Bargaining Agreement 2015, with the conditions attached to ensure compliance with the Fair Work Act. The agreement was to be registered by the Registrar of the Fair Work Commission, and the parties were directed to take necessary steps to address the conditions within a specified timeframe.

Shell Australia Lubricants Production 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