DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wesfarmers LPG Pty Ltd
(AG2016/6358)

WESFARMERS LPG PTY LTD PROCESS OPERATORS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 15 NOVEMBER 2016

Application for approval of the Wesfarmers LPG Pty Ltd Process Operators Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Wesfarmers LPG Pty Ltd Process Operators Enterprise 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 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 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 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.

[4] The Agreement was approved on 15 November 2016 and, in accordance with s.54, will operate from 22 November 2016. The nominal expiry date of the Agreement is 22 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wesfarmers LPG Pty Ltd applied for approval of the Wesfarmers LPG Pty Ltd Process Operators Enterprise Agreement 2016. The application was heard by the Fair Work Commission, the body responsible for overseeing and approving enterprise agreements in Australia. The dispute involved the terms and conditions of employment for process operators within Wesfarmers LPG, with specific focus on whether the agreement complied with the Fair Work Act 2009.

The primary legal issues the Commission needed to address were whether the agreement met the requirements for approval under the Fair Work Act, particularly concerning procedural fairness and compliance with minimum standards of employment. This included ensuring that the agreement was not contrary to public policy and that it had been fairly negotiated. The Commission also had to consider whether the agreement provided appropriate mechanisms for the resolution of disputes and the protection of employees' rights.

The Commission found that the agreement complied with the necessary statutory requirements. It concluded that the process of negotiating the agreement was fair and that it did not contravene any provisions of the Fair Work Act. The Commission noted the provisions within the agreement that addressed dispute resolution and the protection of employee rights as adequate. The approval was granted on the basis that the agreement met all necessary criteria and provided fair terms for the employees.

The Fair Work Commission approved the Wesfarmers LPG Pty Ltd Process Operators Enterprise Agreement 2016, confirming its compliance with the Fair Work Act and its fairness in terms of negotiation and employee protections.

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