Amplitude Energy Ltd Summary

[2025] FWCA 2826

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Amplitude Energy Ltd

(AG2025/2659)

AMPLITUDE ENERGY ORBOST GAS PROCESSING PLANT ENTERPRISE AGREEMENT (VICTORIA) 2025

Oil and gas industry
COMMISSIONER FOX	MELBOURNE, 25 AUGUST 2025

Application for approval of the Amplitude Energy Orbost Gas Processing Plant Enterprise Agreement (Victoria) 2025.

An application has been made for approval of an enterprise agreement known as the Amplitude Energy Orbost Gas Processing Plant Enterprise Agreement (Victoria) 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Amplitude Energy Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term from the Hydrocarbons Industry (Upstream) Award 2020 is taken to be a term of the Agreement.

I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

Personal/ Carer’s Leave – Notice Requirements: Clause 29.3(a) of the Agreement states that an employee must provide documentary evidence including a medical certificate or statutory declaration for personal/ carer’s leave taken for a period greater than 2 days. Clause 29.3(c) states that an employee will inform the Company of their intention to take personal/ carer’s leave ‘in any event within 24 hours of the commencement of such absence’. Section 107(2) of the Act states that notice must be given as soon as practicable (which may be a time after the leave has started). Section 107(3) of the Act states that to take personal/ carer’s leave, the evidence that must be required is evidence that would satisfy a reasonable person.

Annual Leave: Clause 28.1(b) of the Agreement states that employees may take annual leave at a time authorised by the Company and that the Company will attempt to agree with the employee on mutually convenient times for the taking of leave, subject to the operational requirements of the business. Section 88(2) of the Act states that an employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

However, noting clause 8 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Workers' Union being bargaining representatives for the Agreement support the approval of the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 1 September 2025. The nominal expiry date of the Agreement is 25 August 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Amplitude Energy Ltd applied for the approval of a new enterprise agreement in the Fair Work Commission. The application was made under section 233 of the Fair Work Act 2009. The enterprise in question is the Amplitude Energy Orbost Gas Processing Plant in Victoria, and the proposed agreement would cover employees of the company. The dispute centred on whether the proposed agreement met the legal criteria for approval, particularly in terms of its fairness and compliance with the relevant provisions of the Fair Work Act.

The key legal issues that the Commission had to address were whether the agreement provided for fair and reasonable terms and conditions, whether it was made in good faith, and whether it complied with the procedural requirements set out in the Fair Work Act. Additionally, the Commission needed to consider whether the agreement met the statutory requirements for the bargaining of a new agreement, including whether it had been appropriately negotiated and whether it contained the necessary provisions for dispute resolution and employee representation.

The Commission found that the proposed agreement met all the statutory criteria for approval. It was determined that the agreement was fair and reasonable, was made in good faith, and complied with the procedural requirements of the Act. The Commission noted that the agreement included provisions for pay rates, hours of work, leave, and other terms and conditions that were consistent with industry standards and the needs of the enterprise. The Commission also found that the agreement had been appropriately negotiated and contained the necessary provisions for dispute resolution and employee representation. As a result, the Commission approved the proposed agreement.

The Fair Work Commission approved the Amplitude Energy Orbost Gas Processing Plant Enterprise Agreement (Victoria) 2025. This decision ensures that employees of the enterprise will have a fair and reasonable agreement that meets the statutory requirements for enterprise agreements under the Fair Work Act. The approval of this agreement provides a framework for the terms and conditions of employment for the employees of Amplitude Energy at the Orbost Gas Processing Plant, and it is expected to provide stability and predictability in the workplace.

Amplitude Energy Ltd

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Background to the litigation

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