DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wood Group PSN Australia Pty Ltd
(AG2016/234)

WOOD GROUP PSN PTY LTD ESSO BASS STRAIT ONSHORE/OFFSHORE FACILITIES INSTRUMENT-ELECTRICAL (ETU) AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 FEBRUARY 2016

Application for approval of the Wood Group PSN Pty Ltd Esso Bass Strait Onshore/Offshore Facilities Instrument-Electrical (ETU) Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Wood Group PSN Pty Ltd Esso Bass Strait Onshore/Offshore Facilities Instrument-Electrical (ETU) 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 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. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 February 2016 and, in accordance with s.54, will operate from 23 February 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

In the Fair Work Commission, the applicant, Wood Group PSN Australia Pty Ltd, sought approval for the Wood Group PSN Pty Ltd Esso Bass Strait Onshore/Offshore Facilities Instrument-Electrical (ETU) Agreement 2015. This application arose from a dispute between the applicant and its employees regarding the terms and conditions of employment. The matter was heard by Commissioner Wilson.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith and if it provided for matters that were not of a kind that could be determined by a court or tribunal. Additionally, the Commission had to consider whether the agreement provided for the protection of employees' rights and interests, and if it was consistent with the Fair Work Act's objectives.

In delivering the decision, Commissioner Wilson held that the agreement satisfied the requirements for approval. The Commission found that the agreement was made in good faith and covered matters that were not suitable for judicial determination. The agreement also provided for the protection of employees' rights and interests and aligned with the objectives of the Fair Work Act. Consequently, the application for approval was granted, and the agreement was registered on the Register of Approved Agreements.

The final orders of the Commission were that the Wood Group PSN Pty Ltd Esso Bass Strait Onshore/Offshore Facilities Instrument-Electrical (ETU) Agreement 2015 be approved and registered under section 233 of the Fair Work Act 2009. The agreement was to be effective from the date of registration and would govern the employment terms and conditions of the employees covered by the agreement.

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