DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transfield Services (Australia) Pty Ltd
(AG2015/4775)

TRANSFIELD SERVICES (SANTOS HYDROCARBONS PRODUCTION & PROCESSING FACILITIES) PROJECT WORKS, MAINTENANCE SERVICES AND CENTRAL RESOURCE MANAGEMENT ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 SEPTEMBER 2015

Application for approval of the Transfield Services (Santos Hydrocarbons Production & Processing Facilities) Project Works, Maintenance Services and Central Resource Management Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services (Santos Hydrocarbons Production & Processing Facilities) Project Works, Maintenance Services and Central Resource Management 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 Transfield Services (Australia) Pty Ltd. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers Union (AMWU), the Australian Workers’ Union and the Construction, Forestry, Mining and Energy Union 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 1 September 2015 and, in accordance with s.54, will operate from 8 September 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Transfield Services (Australia) Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Transfield Services (Santos Hydrocarbons Production & Processing Facilities) Project Works, Maintenance Services and Central Resource Management Enterprise Agreement 2015. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute involved the terms and conditions of employment for workers under the proposed enterprise agreement.

The primary legal issue before the court was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine whether the agreement provided for fair and reasonable terms and conditions of employment, including pay and conditions, and whether it complied with the provisions of the Act that require enterprise agreements to be "in the public interest". The court also considered whether the agreement adequately provided for the protection of employee interests and whether it was consistent with the principles of the national workplace relations system.

In its decision, the Fair Work Commission found that the proposed enterprise agreement met the criteria for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, including pay and conditions, and that it was in the public interest. The Commission also found that the agreement adequately protected employee interests and was consistent with the principles of the national workplace relations system. The Commission approved the application for the agreement to be registered.

The Fair Work Commission's decision was based on a comprehensive analysis of the proposed enterprise agreement and the evidence presented by the parties. The Commission found that the agreement provided for appropriate mechanisms for the resolution of disputes and the protection of employee interests, and that it was consistent with the principles of the national workplace relations system. The Commission also noted that the agreement provided for appropriate pay and conditions for employees, and that it was in the public interest. The Commission approved the application for the agreement to be registered.

Transfield 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