DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sulzer Australia Pty Ltd T/A Sulzer
(AG2016/492)

SULZER AUSTRALIA PTY LTD - GORGON PROJECT - BARROW ISLAND ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 5 APRIL 2016

Application for approval of the Sulzer Australia Pty Ltd - Gorgon Project - Barrow Island Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sulzer Australia Pty Ltd - Gorgon Project - Barrow Island Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sulzer Australia Pty Ltd T/A Sulzer. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] The Agreement was approved on 5 April 2016 and, in accordance with s.54, will operate from 12 April 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, Sulzer Australia Pty Ltd trading as Sulzer, applied to the Fair Work Commission for the approval of the Sulzer Australia Pty Ltd - Gorgon Project - Barrow Island Enterprise Agreement 2016. The application arose from the need to formalise employment terms for employees involved in the Gorgon Project on Barrow Island. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement covered the appropriate bargaining unit, if the agreement provided for a fair and efficient workplace, and whether it complied with the procedural requirements for approval. The Commission considered the arguments from both parties, examining the processes followed in negotiating and drafting the agreement, and whether it met the standards for a modern award. After reviewing the evidence and submissions, the Commission concluded that the agreement was appropriately negotiated, provided fair terms for employees, and complied with all statutory requirements. The Commission approved the enterprise agreement, noting its benefits for both the employees and the employer in the context of the Gorgon Project. The approval ensures that the employment conditions are legally recognised and provides a framework for industrial relations on Barrow Island.

Sulzer Australia Pty Ltd T/A Sulzer

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established