Woodside Energy Limited Summary

[2024] FWCA 1896

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Woodside Energy Limited

(AG2024/1594)

WOODSIDE ENERGY MACEDON GAS PLANT ENTERPRISE AGREEMENT 2024

Electrical power industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 23 MAY 2024

Application for approval of the Woodside Energy Macedon Gas Plant Enterprise Agreement 2024

Woodside Energy Limited (the Applicant) has made an application for the approval of an enterprise agreement known as the Woodside Energy Macedon Gas Plant Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Australian Workers’ Union (the organisation), 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 declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 23 May 2024 and, in accordance with s 54, will operate from 30 May 2024. The nominal expiry date of the Agreement is 23 May 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Woodside Energy Limited applied for approval of the proposed Woodside Energy Macedon Gas Plant Enterprise Agreement 2024. The dispute revolved around the terms and conditions of employment for employees within the Macedon Gas Plant, including matters such as pay rates, working conditions, and dispute resolution mechanisms. The court was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, including ensuring that it was free from unlawful content and provided for the proper management of the workplace.

The primary legal issue before the court was whether the agreement contained any terms that were contrary to the provisions of the Fair Work Act. This involved assessing whether the agreement contained any terms that were unlawful, or that contravened the provisions of the Act, including the Fair Work (Registered Organisations) Act 2009. The court also considered whether the agreement provided for the proper management of the workplace and whether it was a bona fide agreement.

The court found that the agreement did not contain any unlawful terms or provisions that contravened the Fair Work Act. The agreement provided for the proper management of the workplace and was a bona fide agreement. The court was satisfied that the agreement met the requirements of the Act and approved the proposed Woodside Energy Macedon Gas Plant Enterprise Agreement 2024. The court noted that the agreement provided for a fair and reasonable outcome for both the employer and employees, and that it was in line with industry standards and practices.

Woodside Energy Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established