Wood Group PSN Australia Pty Ltd Summary

[2014] FWCA 1246

The attached document replaces the document previously issued with the above code on 19 February 2014.

Amendment to paragraph numbering

Bronwyn Brown

Associate to DEPUTY PRESIDENT LAWRENCE

Dated 19 February 2014

[2014] FWCA 1246

FAIR WORK COMMISSION

DECISION

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

Wood Group PSN Australia Pty Ltd
(AG2014/3620)

WOOD GROUP PSN AUSTRALIA PTY LTD ELECTRICAL AND INSTRUMENT ENTERPRISE AGREEMENT KURNELL REFINERY 2014-2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 19 FEBRUARY 2014

Application for approval of the Wood Group PSN Australia Pty Ltd Electrical and Instrument Enterprise Agreement Kurnell Refinery 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the Wood Group PSN Australia Pty Ltd Electrical and Instrument Enterprise Agreement Kurnell Refinery 2014-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 26 February 2014. The nominal expiry date of the Agreement is 24 January 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Wood Group PSN Australia Pty Ltd applied for the approval of an Enterprise Agreement for its employees at the Kurnell Refinery. The agreement, titled "Wood Group PSN Australia Pty Ltd Electrical and Instrument Enterprise Agreement 2014-2015," was negotiated with the Australian Manufacturing Workers' Union. The application raised questions regarding whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it contained the necessary provisions for employee protections and if it was free from any invalid provisions that could affect the employees' rights.

The primary legal issues before the Commission were whether the agreement adequately covered the mandated minimum terms and conditions, if it contained any invalid or unenforceable provisions, and whether the process of bargaining and agreement formation complied with the relevant statutory framework. Additionally, the Commission needed to assess whether the agreement provided fair and reasonable terms and conditions of employment, considering the interests of both the employees and the employer.

The Commission examined the agreement's provisions and found that it included all the mandated minimum terms and conditions as stipulated by the Fair Work Act. It also concluded that there were no invalid or unenforceable provisions within the agreement. The Commission was satisfied that the bargaining process was fair and that the agreement represented a genuine bargain between the parties. Consequently, the Commission approved the agreement, finding it to be in compliance with the statutory requirements and fair to both the employer and the employees.

Wood Group PSN Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established