Beach Energy Limited Summary

[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

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.

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.

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.

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.

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.

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.

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

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the AMWU, ETU, AWU, and Beach Energy BassGas Operations and Maintenance Enterprise Agreement 2024. This application was brought before the Fair Work Commission, which has jurisdiction to approve, reject, or seek further information on enterprise agreements. The primary parties involved were the Australian Manufacturing Workers' Union (AMWU), the Electrical Trades Union (ETU), the Australian Workers' Union (AWU), and Beach Energy Limited, concerning their proposed enterprise agreement for the BassGas operations.

The legal issues before the court centred around whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court examined whether the agreement met the requirements for good faith bargaining, the coverage of the agreement, and whether it provided for fair and reasonable terms and conditions. The court also needed to determine if the agreement included the appropriate minimum entitlements, such as minimum wages, leave provisions, and other mandated conditions.

The Fair Work Commission considered the submissions from the parties involved and the implications of the proposed agreement on the employees covered by it. The Commission concluded that the agreement was fair and reasonable, compliant with the requirements of the Fair Work Act, and provided for the appropriate minimum entitlements. The Commission approved the application, finding that the proposed agreement was in accordance with the legislative requirements and that it reflected the terms agreed upon by the parties through good faith bargaining. The decision emphasised the importance of the agreement's provisions aligning with the Fair Work Act and ensuring that all minimum standards were met.

The final order of the Fair Work Commission was to approve the AMWU, ETU, AWU, and Beach Energy BassGas Operations and Maintenance Enterprise Agreement 2024. This decision recognised the agreement as compliant with the necessary legal standards and allowed it to take effect, providing a framework for the terms and conditions of employment for the parties involved.

Beach Energy Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established