DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wood Group PSN Australia Pty Ltd
(AG2018/6072)

WOOD ESSO BASS STRAIT ONSHORE/OFFSHORE FACILITIES INSTRUMENT-ELECTRICAL (ETU) AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 MARCH 2019

Application for approval of the Wood Esso Bass Strait Onshore/Offshore Facilities Instrument-Electrical (ETU) Agreement 2018.

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

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia was a bargaining representative for the proposed enterprise agreement, and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 6 March 2019 and, in accordance with s.54, will operate from 13 March 2019. The nominal expiry date of the Agreement is 7 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wood Group PSN Australia Pty Ltd applied to the Fair Work Commission for approval of an Enterprise Agreement. The agreement was intended to cover the employees of the company, who were part of the Electrical Trades Union. The application was brought under the Fair Work Act 2009, specifically section 233, which allows for the approval of agreements that meet the requirements of the Act. The dispute centred around whether the agreement complied with the statutory provisions and whether it was in the best interests of the employees.

The primary legal issues before the Commission were whether the agreement contained all the mandated terms and conditions, whether it was made in good faith and without coercion, and whether it provided fair and reasonable terms for the employees. The Commission had to ensure that the agreement adhered to the procedural fairness and substantive fairness tests outlined in the Fair Work Act. Additionally, the Commission examined whether the agreement met the criteria for being a ‘single interest’ agreement, as required by the Act.

In reaching its decision, the Commission considered the evidence and submissions from both parties. It found that the agreement was made in good faith and without coercion and that it contained all the necessary terms and conditions as required by the Fair Work Act. The Commission was satisfied that the agreement provided fair and reasonable terms for the employees and met the statutory requirements for approval. Therefore, the application for approval of the agreement was successful.

The Fair Work Commission approved the Wood Esso Bass Strait Onshore/Offshore Facilities Instrument-Electrical (ETU) Agreement 2018, determining that it met the legal criteria for approval and was in the best interests of the 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