Beach Energy Limited
[2023] FWCA 277
•27 JANUARY 2023
| [2023] FWCA 277 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Beach Energy Limited
(AG2022/5580)
BEACH ENERGY OTWAY OPERATIONS (PRODUCTION MAINTENANCE TECHNICIANS) ENTERPRISE AGREEMENT 2022
| Oil and gas industry | |
| COMMISSIONER MIRABELLA | MELBOURNE, 27 JANUARY 2023 |
Application for approval of the Beach Energy Otway Operations (Production Maintenance Technicians) Enterprise Agreement 2022.
Beach Energy Limited (the Employer) has made an application for approval of an enterprise agreement known as the Beach Energy Otway Operations (Production Maintenance Technicians) Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 27 January 2023 and, in accordance with s.54, will operate from 3 February 2023. The nominal expiry date of the Agreement is 1 August 2025.
COMMISSIONER
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