DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wood Group PSN Australia Pty Ltd
(AG2018/6100)

WOOD ESSO BASS STRAIT ONSHORE/OFFSHORE FACILITIES MECHANICAL (AWU) AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 3 MAY 2019

Application for approval of the Wood Esso Bass Strait Onshore/Offshore Facilities Mechanical (AWU) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Wood Esso Bass Strait Onshore/Offshore Facilities Mechanical (AWU) Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wood Group PSN Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Australian Workers’ Union (AWU) 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 is approved and, in accordance with s.54 of the Act, will operate from 10 May 2019. The nominal expiry date of the Agreement is 7 December 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wood Group PSN Australia Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Wood Esso Bass Strait Onshore/Offshore Facilities Mechanical (AWU) Agreement 2018. The application was brought by the applicant, Wood Group PSN Australia Pty Ltd, which sought to have the agreement registered as a single enterprise agreement for the purposes of the Fair Work Act 2009. The dispute centered around the agreement's provisions and its alignment with the legislative framework.

The primary legal issue before the Commission was whether the agreement met the necessary criteria for approval under section 234 of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the minimum standards prescribed by the Act and if it contained the required bargaining obligations. Furthermore, the Commission had to consider if the agreement was genuinely negotiated between the parties and if it included proper dispute resolution mechanisms.

The Commission thoroughly examined the provisions of the agreement and the evidence provided by both parties. It found that the agreement met the necessary criteria for approval. The Commission noted that the agreement contained the required bargaining obligations and aligned with the minimum standards set by the Act. The evidence demonstrated that the agreement was genuinely negotiated and included appropriate dispute resolution mechanisms. As a result, the Commission approved the agreement, finding it to be in compliance with the relevant legislative requirements.

The Fair Work Commission approved the Wood Esso Bass Strait Onshore/Offshore Facilities Mechanical (AWU) Agreement 2018, thereby registering it as a single enterprise agreement under the Fair Work Act 2009. This decision ensures that the agreement is legally binding and provides a framework for the terms and conditions of employment for the relevant employees.

Wood Group PSN 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