Upstream Production Solutions Pty Ltd T/A Upstream Production Solutions
[2022] FWCA 1583
•12 MAY 2022
| [2022] FWCA 1583 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Upstream Production Solutions Pty Ltd T/A Upstream Production Solutions
(AG2022/1302)
Upstream Production Solutions Pty Ltd Northern EndeavourFPSO Enterprise Agreement 2022
| Oil and gas industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 12 MAY 2022 |
Application for approval of the Upstream Production Solutions Pty Ltd Northern Endeavour FPSO Agreement 2022
An application has been made for approval of an enterprise agreement to be known as the Upstream Production Solutions Pty Ltd Northern Endeavour FPSO Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Upstream Production Solutions Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Application brought out of time
I note that the Agreement was made on17 April 2022, but was filed for approval with the Fair Work Commission on 2 May 2022. Observing that s.185(3)(a) of the Act imposes a 14-day time limit to bring an application of this kind (and that the time is measured by reference to the day an agreement is made), the Applicant has brought this application one day out of time.
Despite the Applicant’s non-compliance in this regard, I find that it is fair to extend the period for lodging the application by one day. I do so in reliance of the power afforded to me by s.185(3)(b) of the Act, and having had regard to all of the circumstances (namely, that the delay is of a short duration, and has not caused prejudice to any employees seeking to be covered by the Agreement).
Coverage of employee organisation(s)
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and The Australian Workers’ Union (AWU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.
Conclusion
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2022. The nominal expiry date of the Agreement is 12 May 2026.
DEPUTY PRESIDENT
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