DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Upstream Production Solutions Pty Ltd
(AG2019/1178)

UPSTREAM PRODUCTION SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2019

Oil and gas industry
COMMISSIONER JOHNS	SYDNEY, 7 MAY 2019

Application for approval of the Upstream Production Solutions Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Upstream Production Solutions Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Upstream Production Solutions 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (Cth) (the Regulations) is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The model dispute resolution term prescribed by the Regulations is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2019. The nominal expiry date of the Agreement is 6 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Upstream Production Solutions Pty Ltd and its employees, specifically those covered by the proposed Upstream Production Solutions Pty Ltd Enterprise Agreement 2019. The dispute centred on whether the agreement should be approved and registered under the Fair Work Act 2009, taking into account various aspects including pay rates, working conditions, and other employment terms. The case was heard by the Fair Work Commission, which was tasked with evaluating the fairness and appropriateness of the proposed agreement.

The primary legal issues that the Fair Work Commission had to decide were whether the proposed agreement met the criteria for being considered a "better off overall test" (BOOT) agreement and whether it complied with all relevant provisions of the Fair Work Act 2009. The BOOT test required the Commission to assess whether the employees would be better off overall with the terms of the agreement compared to the applicable award or registered agreement. Additionally, the Commission needed to determine whether the agreement was consistent with the principles of the Fair Work Act and did not undermine the rights and protections provided to employees under the Act.

In delivering its decision, the Fair Work Commission examined the terms of the proposed agreement in detail. The Commission considered the overall economic benefits, the impact on employee working conditions, and the fairness of the proposed pay rates. The Commission also assessed whether the agreement provided adequate protections and benefits to employees, and whether it was consistent with the public interest. After thorough deliberation, the Fair Work Commission found that the proposed agreement met the BOOT test and complied with all relevant statutory requirements. Consequently, the Commission approved and registered the Upstream Production Solutions Pty Ltd Enterprise Agreement 2019.

The final orders of the Fair Work Commission included the approval and registration of the Upstream Production Solutions Pty Ltd Enterprise Agreement 2019, effective from the date of the decision. The agreement was to apply to the employees specified within the scope of the agreement, providing them with the terms and conditions set out in the approved document. The decision was made with the intention of ensuring that the employees would benefit from a fair and reasonable agreement that met the legislative requirements under the Fair Work Act.

Upstream Production Solutions 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