Fugro Australia Pty Ltd T/A Fugro Australia

[2024] FWCA 2163

[2024] FWCA 2163

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fugro Australia Pty Ltd T/A Fugro Australia

(AG2024/1702)

FUGRO AUSTRALIA PTY LTD MARITIME OFFSHORE OIL AND GAS INDUSTRY DECK OFFICERS ENTERPRISE AGREEMENT 2024

Maritime industry
COMMISSIONER LIM	PERTH, 13 JUNE 2024

Application for approval of the Fugro Australia Pty Ltd Maritime Offshore Oil and Gas Industry Deck Officers Enterprise Agreement 2024.

1. Fugro Australia Pty Ltd T/A Fugro Australia (the Applicant) has made an application for the approval of an enterprise agreement known as the Fugro Australia Pty Ltd Maritime Offshore Oil and Gas Industry Deck Officers Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.

1. The Applicant 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.

1. In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. The Australian Maritime Officers’ Union (the organisation), 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 organisation is covered by the Agreement.

1. The Agreement was approved on 13 June 2024 and, in accordance with s 54, will operate from 20 June 2024. The nominal expiry date of the Agreement is 13 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A