DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Superior Energy Services (Australia) Pty Ltd
(AG2020/2343)

SUPERIOR ENERGY SERVICES (AUSTRALIA) AGREEMENT 2020

Oil and gas industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 AUGUST 2020

Application for approval of the Superior Energy Services (Australia) Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Superior Energy Services (Australia) Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Superior Energy Services (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. 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 Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 21 August 2020 and, in accordance with s.54, will operate from 28 August 2020. The nominal expiry date of the Agreement is 20 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Superior Energy Services (Australia) Pty Ltd was the subject of an application before the Fair Work Commission (FWC) for approval of the Superior Energy Services (Australia) Agreement 2020. The application was made by the employer, and the dispute revolved around the contents of the proposed enterprise agreement and its compliance with the Fair Work Act 2009. The FWC was tasked with determining whether the agreement should be approved as a registered enterprise agreement.

The legal issues before the FWC involved assessing whether the agreement met the requirements set out in the Fair Work Act, including the necessity for the agreement to provide for the terms and conditions of employment for the employees covered by the agreement. This involved ensuring the agreement was not contrary to public policy and that it was not made in a manner that was contrary to the principles of good faith bargaining. Furthermore, the FWC had to consider whether the agreement provided adequately for the rights and obligations of the parties and whether it included provisions that would be beneficial to the employees.

In deliberating on these issues, the FWC examined the details of the proposed agreement, including its provisions on wages, hours of work, leave entitlements, and other employment conditions. The FWC took into account the submissions made by both parties and any relevant evidence provided. Ultimately, the FWC determined that the agreement met the statutory requirements and did not contravene any public policy considerations. The FWC concluded that the agreement was in the best interests of the employees and approved it as a registered enterprise agreement.

The FWC issued its decision approving the Superior Energy Services (Australia) Agreement 2020 as a registered enterprise agreement, effective from the date specified in the agreement. This decision was made under the authority of the Fair Work Act and was binding on the parties involved. The approval of the agreement meant that it would now govern the employment terms and conditions of the employees covered by the agreement, providing them with certainty and protection under the terms of the approved enterprise agreement.

Superior Energy Services (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