DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wood Group PSN Australia Pty Ltd
(AG2016/247)

WOOD GROUP PSN ESSO BASS STRAIT ONSHORE/OFFSHORE FACTILITIES MECHANICAL (AMWU) AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 FEBRUARY 2016

Application for approval of the Wood Group PSN Esso Bass Strait Onshore/Offshore Facilities Mechanical (AMWU) 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 (AMWU) 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 this matter, Wood Group PSN Australia Pty Ltd applied to the Fair Work Commission for approval of the Wood Group PSN Esso Bass Strait Onshore/Offshore Facilities Mechanical (AMWU) Agreement 2015. The application was made by the employer, Wood Group PSN Australia Pty Ltd, to formalise an agreement reached with the Australian Manufacturing Workers' Union (AMWU) concerning the terms and conditions of employment for mechanical workers in the Esso Bass Strait Onshore/Offshore facilities. The applicant sought to have the agreement registered under the Fair Work Act 2009 to ensure its enforceability and legal standing.

The primary legal issues that the Fair Work Commission needed to address were whether the agreement met the statutory requirements for approval and whether it provided for fair and reasonable terms and conditions of employment. This involved examining if the agreement contained minimum terms as prescribed by the Fair Work Act, and if it was consistent with the provisions of the Act that safeguard employees' rights and protections. The Commission also had to consider if the agreement was genuinely negotiated and if it offered fair outcomes for both the employer and the employees.

The Fair Work Commission found that the agreement met all the necessary criteria for approval. The agreement was compliant with the Fair Work Act, contained the minimum terms required by the legislation, and offered fair and reasonable terms for the employees. The Commission determined that the agreement had been genuinely negotiated between the parties and provided adequate protections and benefits for the employees. Therefore, the Commission approved the agreement and directed that it be registered. The approval ensures that the agreement is legally enforceable and provides a framework for the employment terms and conditions of mechanical workers in the specified facilities.

The final orders of the Fair Work Commission included the registration of the Wood Group PSN Esso Bass Strait Onshore/Offshore Facilities Mechanical (AMWU) Agreement 2015. The agreement was to be registered under the Fair Work Act, effective from the date of the Commission's decision. This registration validates the agreement and ensures that it will be recognised as a lawful and binding document governing the employment relationship between the employer and 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