BW Offshore Australia Management Pty Ltd T/A BW Offshore
[2025] FWCA 816
•7 MARCH 2025
| [2025] FWCA 816 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s 185—Enterprise agreement
BW Offshore Australia Management Pty Ltd T/A BW Offshore
(AG2025/122)
BW OFFSHORE GREENFIELDS AGREEMENT 2024
| Oil and gas industry | |
| COMMISSIONER LIM | PERTH, 7 MARCH 2025 |
Application for approval of the BW Offshore Greenfields Agreement 2024.
BW Offshore Australia Management Pty Ltd Trading As BW Offshore (the Applicant) has made an application for the approval of a greenfields agreement known as the BW Offshore Greenfields Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act).
This greenfields agreement meets the requirements of s 172(2)(b) of the Act. On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186 and s 187 of the Act as are relevant to this application for approval have been met.
In accordance with s 187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (the 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.
On Tuesday 18 February 2025, the Applicant filed an application under s 586 of the Act to rectify inadvertent errors made during drafting and ensure clarity and alignment with the Agreement’s intended structure. The AWU confirmed it consented to the amendments sought. The amendments sought correct the definition of ‘Point of Engagement’ within Clause 4 and correct the percentages referred to in Clause 12.3(a) of the Agreement.
The Applicant subsequently submitted a version of the Agreement which reflected the amendments sought. The AWU confirmed that it reflected amendments that it consented to. Pursuant to s 586 of the Act, I am satisfied that the amendments should be made and that it is appropriate to do so.
Pursuant to ss 53(2)(b) and 201(2A) of the Act, I note the Agreement was made with the AWU and that the Agreement covers it.
The Agreement was approved on Friday 7 March 2025 and, in accordance with s 54, will operate from Friday 14 March 2025. The nominal expiry date of the Agreement is Wednesday 7 March 2029.
COMMISSIONER
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