Atlas Professionals Australia Pty Ltd Trading AS Atlas Professionals

[2025] FWCA 2626

[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

1. 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).

2. This is a Greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

1. 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.

1. 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.

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

1. 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

1. 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.

2. 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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