Tenix Australia Pty Ltd

[2014] FWCA 1053

[2014] FWCA 1053

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tenix Australia Pty Ltd
(AG2013/12113)

TENIX AUSTRALIA PTY LTD (GAS) ENTERPRISE AGREEMENT 2013-2016

Oil and gas industry
COMMISSIONER JOHNS	BRISBANE, 12 FEBRUARY 2014

Application for approval of the Tenix Australia Pty Ltd (Gas) Enterprise Agreement 2013-2016.

[1] On 20 December 2013 Tenix Australia Pty Ltd (Applicant) made an application for approval of the Tenix Australia Pty Ltd (Gas) Enterprise Agreement 2013-2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. The undertakings provide for a minimum engagement for part time employees and ensure compliance with the National Employment Standards in respect of the flexibility term, dispute resolution term and annual leave for shift workers. It also clarifies that income protection is not limited to physical illness or injuries. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Transport Workers’ Union of Australia (TWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union - Plumbing Division (CEPU - Plumbing) have indicated their acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The TWU and CEPU - Plumbing, being bargaining representatives 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), the Commission notes that the Agreement covers these organisations.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 19 February 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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ANNEXURE A