Atlas Professionals Australia Pty Ltd Trading AS Atlas Professionals

[2025] FWCA 2626

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Atlas Professionals Australia Pty Ltd Trading AS Atlas Professionals

(AG2025/2411)

ATLAS PROFESSIONALS AUSTRALIA PTY LTD ROV CASUAL ENTERPRISE AGREEMENT 2025

Oil and gas industry
COMMISSIONER SIMPSON	BRISBANE, 6 AUGUST 2025

Application for approval of the Atlas Professionals Australia Pty Ltd ROV Casual Enterprise Agreement 2025

An application has been made for the approval of a Greenfields agreement known as the Atlas Professionals Australia Pty Ltd ROV Casual Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Atlas Professionals Australia Pty ltd Trading AS Atlas Professionals (the Applicant).
This is a Greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

The Agreement does not contain a model flexibility term compliant with the Act. The Agreement was made on 14 July 2025. Thus, pursuant to s.202(4) of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

Noting clause 1.2.6 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.

I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (AWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement

Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the AWU and that the Agreement covers this organisation.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 August 2026.

COMMISSIONER

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CaseChat Overview and Summary

In the recent decision of Atlas Professionals Australia Pty Ltd Trading as Atlas Professionals, the Fair Work Commission was tasked with determining whether to approve a proposed enterprise agreement between Atlas Professionals and its employees. The application for approval came before the Commission following negotiations between the parties that resulted in a draft agreement. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement provided for the payment of employees at rates at least equal to the applicable award or registered agreement rates, and whether it contained all the mandatory terms prescribed by the Fair Work Act. Additionally, the Commission had to consider whether the agreement had been genuinely negotiated and whether it complied with the requirements for coverage and duration.

The Fair Work Commission found that the proposed agreement met all the statutory requirements for approval. The Commission determined that the agreement provided for wages and conditions at least as favourable as the relevant award or registered agreement. It also found that the agreement had been genuinely negotiated between the parties and contained all the mandatory terms prescribed by the Act. The Commission concluded that the agreement was in the best interests of the employees covered by it, and approved the application for the agreement to be registered. The decision highlights the importance of ensuring that enterprise agreements are both fair and comprehensive, and that they are genuinely negotiated between employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established