Upstream Production Solutions Pty Ltd

[2016] FWCA 1677

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Upstream Production Solutions Pty Ltd

(AG2016/369)

UPSTREAM PRODUCTION SOLUTIONS PTY LTD NORTHERN

ENDEAVOUR FPSO AGREEMENT 2016

Oil and gas industry

COMMISSIONER ROE

SYDNEY, 17 MARCH 2016

Application for approval of the Upstream Production Solutions Pty Ltd Northern Endeavour

FPSO Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Upstream Production Solutions Pty Ltd Northern Endeavour FPSO Agreement 2016 (the

Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 17 March 2016 and, in accordance with s.54, will

operate from 24 March 2016. The nominal expiry date of the Agreement is 17 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application from Upstream Production Solutions Pty Ltd for approval of the Upstream Production Solutions Pty Ltd Northern Endeavour FPSO Agreement 2016. The application was made under section 185 of the Fair Work Act 2009, seeking approval of an enterprise agreement. The Agreement in question is a single enterprise agreement that does not cover all employees of the employer. The Commission was required to determine whether the Agreement met the requirements of sections 186, 187 and 188 of the Act, including whether the group of employees covered by the Agreement was fairly chosen.

Commissioner Roe found that the application met the requirements of the relevant sections of the Act. The Commissioner took into account the factors set out in section 186(3) and (3A) of the Act in determining that the group of employees covered by the Agreement was fairly chosen. The Commissioner approved the Agreement, which will operate from 24 March 2016 and have a nominal expiry date of 17 March 2020. The approval was granted on 17 March 2016.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established