DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sustaining Works Pty Limited
(AG2015/720)

SUSTAINING WORKS PTY LIMITED QUEENSLAND GAS FIELD ENTERPRISE AGREEMENT 2015

Oil and gas industry
COMMISSIONER SIMPSON	BRISBANE, 7 APRIL 2015

Application for approval of the Sustaining Works Pty Limited Queensland Gas Field Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sustaining Works Pty Limited Queensland Gas Field Enterprise 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 Sustaining Works Pty Limited. 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 Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sustaining Works Pty Limited sought approval of the Sustaining Works Pty Limited Queensland Gas Field Enterprise Agreement 2015, from the Fair Work Commission. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The nature of the dispute was the terms of the proposed agreement, particularly the provisions concerning the classification of employees and the introduction of a new class of employee.

The legal issues before the Commission were whether the proposed agreement was in compliance with the Fair Work Act 2009, and if it met the requirements for approval. The CFMEU argued that the agreement did not fairly represent the employees and that the classification of employees and introduction of a new class was not justified. The Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission determined that the proposed agreement was compliant with the Fair Work Act 2009. The Commission found that the agreement fairly represented the employees and that the classification of employees and introduction of a new class was justified. The Commission noted that the proposed agreement provided for fair and reasonable terms and conditions of employment, and approved the application for the agreement to be registered.

Sustaining Works Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established