DECISION

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

Weatherford Australia Pty Ltd
(AG2015/2214)

WEATHERFORD AUSTRALIA OFFSHORE EMPLOYEE COLLECTIVE AGREEMENT 2015

Oil and gas industry
COMMISSIONER LEE	MELBOURNE, 7 MAY 2015

Application for approval of the Weatherford Australia Offshore Employee Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Weatherford Australia Offshore Employee Collective 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 Weatherford Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 7 May 2015 and, in accordance with s.54 of the Act, will operate from 14 May 2015. The nominal expiry date of the Agreement is 6 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Weatherford Australia Pty Ltd applied for approval of the Weatherford Australia Offshore Employee Collective Agreement 2015. The applicant, an oilfield services company, sought to have the agreement made by the Offshore Employees’ Union, covering offshore employees, registered as a certified agreement under the Fair Work Act 2009. The dispute arose from negotiations between the union and the employer over the terms of employment for offshore workers.

The legal issues the court had to address included whether the agreement was genuinely negotiated, whether it complied with the provisions of the Fair Work Act, and whether it met the standards for approval under the Act. The court also had to consider if the agreement was in the best interests of the employees and whether it was fair and reasonable.

The court examined the negotiation process and found it to be genuine, as it involved multiple meetings and discussions between the union and the employer. The agreement was also found to comply with the statutory requirements of the Fair Work Act, including meeting the standards for approval under section 234 of the Act. The court determined that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms of employment, including provisions for wages, hours of work, and other employment conditions. The court approved the agreement, finding it to be a genuine, compliant, and fair agreement.

The court made an order approving the Weatherford Australia Offshore Employee Collective Agreement 2015 as a certified agreement under the Fair Work Act 2009. The agreement was registered as a certified agreement and became legally binding on both the employer and the employees covered by the agreement.

Weatherford Australia 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