Beach Energy Limited

[2025] FWCA 2973

[2025] FWCA 2973

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Beach Energy Limited

(AG2025/2817)

AMWU, ETU, AWU, BEACH ENERGY BASSGAS OPERATIONS AND MAINTENANCE ENTERPRISE AGREEMENT 2024

Oil and gas industry
COMMISSIONER YILMAZ	MELBOURNE, 3 SEPTEMBER 2025

Unknown Application for approval of the AMWU, ETU, AWU, Beach Energy BassGas Operations and Maintenance Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the AMWU, ETU, AWU, Beach Energy BassGas Operations and Maintenance Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Beach Energy Limited. The Agreement is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that clause 9.1.3 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5 of the Agreement and the undertakings referred to above, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union, and, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, each being a bargaining representative for the Agreement, have each given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

1. The Agreement is approved and in accordance with s.54, will operate from 10 September 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A