DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wesfarmers LPG Pty Ltd
(AG2020/864)

WESFARMERS LPG PTY LTD ABN:32 009 214 831 PROCESS OPERATORS ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 6 MAY 2020

Application for approval of the Wesfarmers LPG Pty Ltd ABN:32 009 214 831 Process Operators Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Wesfarmers LPG Pty Ltd ABN:32 009 214 831 Process Operators Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wesfarmers LPG Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2020. The nominal expiry date of the Agreement is 12 May 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Wesfarmers LPG Pty Ltd, sought approval for its Process Operators Enterprise Agreement 2019 from the Fair Work Commission. The dispute centred around the terms and conditions of employment for process operators within the company. The Fair Work Commission, acting under the Fair Work Act 2009, was tasked with determining whether the proposed agreement met the necessary criteria for approval.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act, specifically focusing on the procedural fairness and the fairness of the terms and conditions stipulated in the agreement. The Commission had to consider whether the agreement was made in good faith, whether it provided for proper representation and consultation, and whether the terms and conditions were fair and reasonable. Additionally, the Commission needed to assess whether the agreement met the 'better off overall test' which required that employees be no worse off financially than under their previous terms of employment.

After reviewing the submissions and evidence presented by both parties, the Commission found that the agreement was made in good faith and met the procedural requirements set out in the Act. The terms and conditions of the agreement were deemed to be fair and reasonable, and the 'better off overall test' was satisfied. The Commission concluded that the proposed agreement was appropriate for approval as it provided for a fair and reasonable outcome for both the employer and the employees.

The Fair Work Commission approved the Wesfarmers LPG Pty Ltd Process Operators Enterprise Agreement 2019. The approval was based on the findings that the agreement met the necessary criteria of good faith, procedural fairness, and the 'better off overall test'. This decision ensured that the terms and conditions of employment for the process operators were fair and reasonable, and provided a legally binding framework for their employment within the company.

Wesfarmers LPG 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