DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transfield Services (Australia) Pty Ltd
(AG2015/2209)

TRANSFIELD SERVICES AND NATIONAL UNION OF WORKERS - (FLEXIBLE OPERATOR - MOBIL ALTONA REFINERY) CERTIFIED AGREEMENT 2015

Oil and gas industry
COMMISSIONER CRIBB	MELBOURNE, 24 MARCH 2015

Application for approval of the Transfield Services and National Union of Workers - (Flexible Operator - Mobil Altona Refinery) Certified Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services and National Union of Workers - (Flexible Operator - Mobil Altona Refinery) Certified 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] 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.

[3] The National Union of Workers (NUW) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 24 March 2015 and, in accordance with s.54 of the Act, will operate from 31 March 2015. The nominal expiry date of the Agreement is 31 December 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transfield Services (Australia) Pty Ltd, an employer, made an application for approval of a certified agreement with the National Union of Workers. The certified agreement in question related to flexible employment arrangements at the Mobil Altona Refinery. The case was heard in the Fair Work Commission. The dispute centred on whether the certified agreement, which included provisions for flexible work arrangements, complied with the Fair Work Act 2009. Key issues included the fairness of the agreement's provisions, the process through which it was made, and whether it met the statutory requirements for approval.

The Fair Work Commission undertook a thorough examination of the certified agreement, focusing on its provisions, the negotiation process, and the statutory criteria for approval. The Commission considered the fairness of the agreement's terms, particularly in light of the flexible work arrangements, and assessed whether the agreement provided adequate protections for the employees involved. The Court also evaluated the process by which the agreement was negotiated and whether it was conducted in good faith.

After its evaluation, the Fair Work Commission found that the certified agreement was fair and met all statutory requirements for approval. The Commission was satisfied with the negotiation process and the protections provided for employees in the agreement. The Commission approved the certified agreement, highlighting the importance of flexible work arrangements in modern employment and the need for such agreements to be fair and properly negotiated.

The Fair Work Commission's final orders approved the Transfield Services and National Union of Workers - (Flexible Operator - Mobil Altona Refinery) Certified Agreement 2015, recognising its compliance with the statutory requirements and its fairness to all parties involved.

Transfield Services (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established