Baker Hughes Services Australia Pty Ltd T/A Baker Hughes Services Australia

[2025] FWCA 353

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Baker Hughes Services Australia Pty Ltd T/A Baker Hughes Services Australia

(AG2025/115)

BAKER HUGHES SERVICES AUSTRALIA PTY LTD SUBSEA FIELD SERVICES ENTERPRISE AGREEMENT 2024 – 2028

Oil and gas industry
COMMISSIONER SCHNEIDER	PERTH, 30 JANUARY 2025

Application for approval of the Baker Hughes Services Australia Pty Ltd Subsea Field Services Enterprise Agreement 2024 – 2028

Baker Hughes Services Australia Pty Ltd T/A Baker Hughes Services Australia (the Applicant) has made an application under section 185 of the Fair Work Act 2009 (Cth) (the Act) for the approval of a single enterprise agreement known as the Baker Hughes Services Australia Pty Ltd Subsea Field Services Enterprise Agreement 2024 – 2028 (the Agreement). On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Australian Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 February 2025. The nominal expiry date of the Agreement is 30 January 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Baker Hughes Services Australia Pty Ltd, trading as Baker Hughes Services Australia, applied to the Fair Work Commission for approval of a subsea field services enterprise agreement for the period 2024 to 2028. The agreement was proposed to govern the employment conditions of subsea field services employees within the company. The application was brought before the Fair Work Commission, an independent statutory body established under the Fair Work Act 2009 to resolve workplace disputes and ensure fair workplace practices.

The court was required to decide whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. Key issues included whether the agreement provided for fair and reasonable terms and conditions of employment, and if it complied with the provisions of the Fair Work Act 2009. The court examined the process by which the agreement was negotiated, including whether genuine bargaining had occurred and if the agreement was supported by a majority of the employees involved.

The Fair Work Commission found that the proposed agreement was fair and reasonable, and it met all the legal requirements for approval. The court considered the evidence provided by the company and the union, which showed that the agreement had been negotiated in good faith and that the employees had been adequately consulted. The court also noted that the agreement contained provisions that were consistent with industry standards and provided for appropriate terms and conditions of employment. The application was approved, and the agreement was registered as a certified agreement under the Fair Work Act 2009.

The Fair Work Commission approved the Baker Hughes Services Australia Pty Ltd Subsea Field Services Enterprise Agreement 2024 – 2028, and it was registered as a certified agreement. The court ordered that the agreement would apply to the employees covered by the agreement from the effective date of the registration. The decision confirmed that the agreement provided for fair and reasonable terms and conditions of employment, and it complied with the requirements of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established