Gasco Unit Trust Trading AS Gasco Pty Ltd

[2025] FWCA 2599

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Gasco Unit Trust Trading AS Gasco Pty Ltd

(AG2025/2421)

GASCO PTY LTD & AMWU ENTERPRISE WORKSHOP AGREEMENT 2025-2028

Oil and gas industry
COMMISSIONER TRAN	MELBOURNE, 5 AUGUST 2025

Application for approval of the Gasco Pty Ltd & AMWU Enterprise Workshop Agreement 2025-2028

Gasco Pty Ltd (ABN: 55 869 575 588) has applied for approval of an enterprise agreement known as the Gasco Pty Ltd & AMWU Enterprise Workshop Agreement 2025-2028 under s 185 of the Fair Work Act 2009.

The Agreement is a single enterprise agreement.

Clause 5.6 of the Agreement gives precedence to the NES, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 12 August 2025.

In accordance with clause 4.2, the nominal expiry date of the Agreement is 31 December 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of the Gasco Pty Ltd & AMWU Enterprise Workshop Agreement 2025-2028, filed by Gasco Unit Trust Trading as Gasco Pty Ltd, with the Fair Work Commission. The nature of the dispute centres on the proposed agreement's compliance with the Fair Work Act 2009 and its fairness for the employees involved. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Act.

The primary legal issues before the Commission were whether the agreement was sufficiently representative of the employees and whether it adhered to the procedural and substantive requirements set out in the Fair Work Act. The Commission needed to assess if the agreement was made in good faith, was fair and reasonable, and covered all necessary aspects as required by the legislation. Additionally, it needed to consider if the agreement provided adequate protections for employees and if it was consistent with the broader principles of industrial relations law.

In rendering its decision, the Fair Work Commission considered the submissions from both parties and reviewed the content of the proposed agreement. The Commission found that the agreement was representative of the employees and was made in good faith. It determined that the agreement was fair and reasonable and contained all necessary provisions as required by the Fair Work Act. The Commission was satisfied that the agreement provided adequate protections for employees and was consistent with the broader principles of industrial relations law. As a result, the Commission approved the Gasco Pty Ltd & AMWU Enterprise Workshop Agreement 2025-2028.

The final orders of the Commission were that the Gasco Pty Ltd & AMWU Enterprise Workshop Agreement 2025-2028 be approved as a registered agreement under the Fair Work Act. This approval allows the agreement to be enforced and provides a framework for the industrial relations between Gasco Pty Ltd and the Australian Manufacturing Workers' Union for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established