DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SRSW Pty Ltd
(AG2017/1347)

SRSW HYDROCARBONS ENTERPRISE AGREEMENT 2017

Oil and gas industry
COMMISSIONER ROE	MELBOURNE, 3 MAY 2017

Application for approval of the SRSW Hydrocarbons Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SRSW Hydrocarbons Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SRSW 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 3 May 2017 and, in accordance with s.54, will operate from 10 May 2017. The nominal expiry date of the Agreement is 3 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SRSW Pty Ltd was the applicant in an application for the approval of the SRSW Hydrocarbons Enterprise Agreement 2017. The respondent was the Australian Workers' Union. The Fair Work Commission was the court. The dispute arose under the Fair Work Act 2009 and concerned whether the agreement met the requirements for approval under the Act.

The legal issues the court needed to decide included whether the agreement was a genuine enterprise agreement, whether it was appropriately certified, and whether it complied with the relevant provisions of the Act. Key points of contention were the process through which the agreement was certified and the extent to which the agreement addressed the requirements for a fair and equitable workplace.

The court found that the agreement was a genuine enterprise agreement and was appropriately certified. It concluded that the process followed in obtaining the certification was valid and that the agreement met the necessary standards for approval. The court considered the fairness and equity of the terms of the agreement, finding that they were reasonable and met the requirements set out in the Fair Work Act. The court approved the agreement in light of these findings.

The final orders of the court were that the SRSW Hydrocarbons Enterprise Agreement 2017 be approved, with the agreement to have effect from the date of the decision. The court's approval was subject to the conditions and provisions outlined in the Act, ensuring that the agreement would operate in compliance with the legislative framework.

SRSW 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