Wood Group PSN Australia Pty Ltd Summary

[2016] FWCA 1170
DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Wood Group PSN Australia Pty Ltd
(AG2016/310)
WOOD GROUP PSN ESSO BASS STRAIT ONSHORE/OFFSHORE
FACTILITIES MECHANICAL (AWU) AGREEMENT 2015
Building, metal and civil construction industries

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 24 FEBRUARY 2016
Application for approval of the Wood Group PSN Esso Bass Strait Onshore/Offshore
Facilities Mechanical (AWU) Agreement 2015.
[1] An application has been made for approval of an enterprise agreement known as the

Wood Group PSN Esso Bass Strait Onshore/Offshore Facilities Mechanical (AWU)
Agreement 2015 (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] 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work

Regulations 2009 is taken to be a term of the Agreement.
[4] The Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that
the Agreement covers the organisation.
[2016] FWCA 1170
[5] The Agreement was approved on 24 February 2016 and, in accordance with s.54, will

operate from 2 March 2016. The nominal expiry date of the Agreement is 6 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wood Group PSN Australia Pty Ltd applied for approval of the Wood Group PSN Esso Bass Strait Onshore/Offshore Facilities Mechanical (AWU) Agreement 2015. The application was made under section 185 of the Fair Work Act 2009. The Australian Workers' Union (AWU), as the bargaining representative for the agreement, indicated its desire for the agreement to cover its members. The dispute involved the approval of this enterprise agreement, including compliance with the requirements of sections 186, 187, and 188 of the Fair Work Act, and the inclusion of the model flexibility term as prescribed by the Fair Work Regulations 2009.

The key legal issues before the Deputy President were whether the agreement met the statutory requirements for approval and if the prescribed flexibility term was incorporated. Additionally, the court needed to confirm that the agreement was intended to cover the organisation and its members as declared by the AWU. The Deputy President had to review the application, the statutory declaration, and the terms of the agreement to determine if all legislative criteria were satisfied.

After reviewing the application and the statutory declaration, the Deputy President concluded that the agreement fulfilled all relevant requirements of the Fair Work Act. The model flexibility term was considered to be part of the agreement as per the Fair Work Regulations. The AWU's declaration that the agreement should cover its members was also accepted. Consequently, the Deputy President approved the agreement. The approval was issued on 24 February 2016, and the agreement was set to operate from 2 March 2016, with a nominal expiry date of 6 December 2018.

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