Upstream Production Solutions Pty Ltd T/A Upstream Production Solutions

[2014] FWCA 7937

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Upstream Production Solutions Pty Ltd T/A Upstream Production Solutions
(AG2014/8060)

UPSTREAM PRODUCTION SOLUTIONS PTY LTD PERTH BASIN ENTERPRISE AGREEMENT 2014

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 11 NOVEMBER 2014

Application for approval of the Upstream Production Solutions Pty Ltd Perth Basin Enterprise Agreement 2014.

[1] On 3 November 2014, Upstream Production Solutions Pty Ltd T/A Upstream Production Solutions made application for approval of a single enterprise agreement to be known as the Upstream Production Solutions Pty Ltd Perth Basin Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 29 October 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met. I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 18 November 2014. The nominal expiry date of this Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Upstream Production Solutions Pty Ltd T/A Upstream Production Solutions, the Fair Work Commission was presented with an application for the approval of the Upstream Production Solutions Pty Ltd Perth Basin Enterprise Agreement 2014. The dispute arose between the applicant, Upstream Production Solutions Pty Ltd, and the Australian Manufacturing Workers' Union, with the latter representing the employees within the agreement's scope. The central issue revolved around whether the enterprise agreement met the legal requirements for approval under the Fair Work Act 2009, particularly in terms of procedural fairness and compliance with the Act's provisions.

The legal issues before the Commission included whether the agreement was genuinely negotiated, if it contained appropriate dispute resolution procedures, and if it adhered to the statutory requirements for approval, including the absence of provisions that would disadvantage employees. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and whether it complied with the minimum entitlements set out in the National Employment Standards and the applicable awards. The applicant argued that the agreement was fairly negotiated and met all legal requirements, while the union contested certain provisions and raised concerns about the negotiation process.

Upon reviewing the evidence and submissions, the Fair Work Commission determined that the Upstream Production Solutions Pty Ltd Perth Basin Enterprise Agreement 2014 was genuinely negotiated and met the legal criteria for approval. The Commission found that the agreement contained appropriate dispute resolution mechanisms, did not disadvantage employees, and was in their best interests. Furthermore, the Commission was satisfied that the agreement complied with the statutory requirements and did not include any provisions that contravened the Fair Work Act 2009. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable in all respects.

The Commission's final orders included the approval of the Upstream Production Solutions Pty Ltd Perth Basin Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by its terms. The parties were directed to comply with the provisions of the approved agreement, and the Commission reserved the right to review and make further orders if any issues regarding the agreement's implementation arose in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established