Focus Offshore Services Pty Ltd T/A Focus Offshore Services
[2024] FWCA 523
•6 FEBRUARY 2024
| [2024] FWCA 523 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Focus Offshore Services Pty Ltd T/A Focus Offshore Services
(AG2024/67)
FOCUS OFFSHORE SERVICES PTY LTD AND MUA OFFSHORE OIL AND GAS ENTERPRISE AGREEMENT 2024
| Oil and gas industry | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 6 FEBRUARY 2024 |
Application for approval of the Focus Offshore Services Pty Ltd and MUA Offshore Oil and Gas Enterprise Agreement 2024.
Focus Offshore Services Pty Ltd T/A Focus Offshore Services (the Employer) has made an application for the approval of the Focus Offshore Services Pty Ltd and MUA Offshore Oil and Gas Enterprise Agreement 2024 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
I note that Clause 12.3 – Types of Employment (Casual Employment) and Clause 14 – Termination of Employment are potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, 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 Construction, Forestry and Maritime Employees Union (CFMEU) was a bargaining representative for the Agreement and has 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 CFMEU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2024. The nominal expiry date of the Agreement is 6 February 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE523462 PR771027>
Annexure A
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