DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wood Group PSN Australia Pty Ltd
(AG2016/2624)

WOOD GROUP PSN AUSTRALIA PTY LTD ELECTRICAL AND INSTRUMENT GREENFIELDS AGREEMENT LYTTON REFINERY 2016-2019

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 1 APRIL 2016

Application for approval of the Wood Group PSN Australia Pty Ltd Electrical and Instrument Greenfields Agreement Lytton Refinery 2016-2019.

[1] An application has been made for approval of a greenfields agreement known as the Wood Group PSN Australia Pty Ltd Electrical and Instrument Greenfields Agreement Lytton Refinery 2016-2019 (Agreement). The application was made by Wood Group PSN Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2016. The nominal expiry date of the Agreement is 30 March 2019.

COMMISSIONER

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 an approval of the Electrical and Instrument Greenfields Agreement Lytton Refinery 2016-2019. The application was made under section 233 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for electrical and instrumentation workers at the Lytton Refinery. The Commission was tasked with determining whether the proposed agreement was in the interests of the workers.

The primary legal issue before the Commission was whether the proposed agreement was fair and reasonable in terms of its provisions and its impact on the workers. This required the Commission to consider various factors, including the nature of the work, the bargaining positions of the parties, and the overall fairness of the agreement. Additionally, the Commission had to assess whether the agreement complied with the relevant statutory provisions and whether it provided adequate protections and benefits for the workers.

After examining the evidence and submissions from both parties, the Commission concluded that the proposed agreement was fair and reasonable. The agreement provided for a structured and predictable employment relationship, with clear terms regarding wages, conditions, and dispute resolution mechanisms. The Commission found that the agreement balanced the interests of both the employer and the employees and provided for a fair distribution of the benefits and burdens of the employment relationship. Consequently, the Commission approved the agreement, recognising it as a valid and binding instrument under the Fair Work Act.

The Commission's final order was the approval of the Electrical and Instrument Greenfields Agreement Lytton Refinery 2016-2019, which was to be registered with the Fair Work Commission. This decision provided certainty for both the employer and the employees, establishing the terms and conditions of employment for the specified period.

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