DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wood Field Services Pty Ltd
(AG2020/3654)

WOOD AND ETU (CEPU ELECTRICAL DIVISION) ESSO ONSHORE SITES MAINTENANCE SERVICES GREENFIELD AGREEMENT 2020

Oil and gas industry
COMMISSIONER MCKINNON	MELBOURNE, 11 DECEMBER 2020

Application for approval of the Wood and ETU (CEPU Electrical Division) Esso Onshore Sites Maintenance Services Greenfield Agreement 2020.

[1] Wood Field Services Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have made a greenfields agreement known as the Wood and ETU (CEPU Electrical Division) Esso Onshore Sites Maintenance Services Greenfield Agreement 2020 (the Agreement) under section 172(2)(b) of the Act.

[2] The Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work to be performed under the Agreement.

[3] I am satisfied that each of the relevant requirements of ss.186 and 187 of the Act have been met in relation to the Agreement.

[4] I am satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2020. The nominal expiry date of the Agreement is 30 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wood Field Services Pty Ltd, a company providing maintenance services to Esso Onshore Sites, sought approval for a new enterprise agreement from the Fair Work Commission. The Electrical Trade Union (CEPU Electrical Division) also participated in the proceedings. The core issue was whether the proposed Greenfield Agreement complied with the requirements of the Fair Work Act 2009 and provided adequate protections for the employees involved.

The central legal questions before the Commission were whether the agreement met the statutory criteria for approval and whether it provided sufficient protections for employees, including terms regarding wages, hours of work, and other conditions. The Commission needed to examine if the agreement was genuinely bargained and if it adhered to the principles of procedural and substantive fairness. It was also necessary to consider if the agreement provided for appropriate mechanisms to address disputes and ensure the fair treatment of employees.

The Commission found that the agreement satisfied the statutory criteria and was genuinely negotiated between the parties. It provided for fair terms and conditions that met the statutory minimums, including provisions for wages, hours of work, and other employment conditions. The Commission concluded that the agreement was procedurally and substantively fair, and it provided adequate protections for employees. The Commission approved the application for the agreement, noting the importance of the agreement in establishing fair and equitable terms for the employees involved. The Commission made the order sought by Wood Field Services Pty Ltd, approving the Wood and ETU (CEPU Electrical Division) Esso Onshore Sites Maintenance Services Greenfield Agreement 2020.

Wood Field Services 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