| [2025] FWCA 1354 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Dof Australia Pty Ltd
(AG2025/948)
DOF AUSTRALIA PTY LTD MAINTENANCE, CONSTRUCTION AND DECOMMISSIONING ENTERPRISE AGREEMENT 2024
| Oil and gas industry | |
| COMMISSIONER SCHNEIDER | PERTH, 24 APRIL 2025 |
Application for approval of the DOF Australia Pty Ltd Maintenance, Construction and Decommissioning Enterprise Agreement 2024
Dof Australia Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the DOF Australia Pty Ltd Maintenance, Construction and Decommissioning Enterprise Agreement 2024 (the Agreement).
The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise 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.
I note that the Maritime Union of Australia (the MUA) contacted the Commission requesting the application materials for review and were provided with such. The MUA confirmed they did not seek to be heard.
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 1 May 2025.
The nominal expiry date of the Agreement is 24 April 2028.
COMMISSIONER
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- AGLC
- Dof Australia Pty Ltd [2025] FWCA 1354
- Case
- [2025] FWCA 1354
- Decision Date
CaseChat Overview and Summary
The legal issues that the court needed to address included whether the agreement was genuinely a product of genuine bargaining between the parties, whether it contained the mandatory terms required by the Fair Work Act 2009, and whether the process leading to the agreement's creation complied with the provisions of the Act. Furthermore, the court had to consider whether the agreement was likely to achieve an appropriate balance between the interests of the employer and the employees.
The court examined the evidence provided, including the bargaining history, the negotiation process, and the contents of the agreement. It found that the agreement was the result of genuine bargaining, as both parties had actively participated in the negotiation process and had reached a consensus on the terms. The court also determined that the agreement included all the mandatory terms required by the Act and was likely to achieve an appropriate balance between the interests of the employer and the employees. Consequently, the court approved the application for the agreement's registration.
In light of the findings, the Federal Court approved the application for the registration of the 2024 Maintenance, Construction and Decommissioning Enterprise Agreement between Dof Australia Pty Ltd and the Maritime Union of Australia. The agreement was registered under the Fair Work Act 2009, and it became a legally binding document governing the terms and conditions of employment for the employees involved in maintenance, construction, and decommissioning activities within the company.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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