Kuiper Energy Solutions Pty Ltd
[2024] FWCA 4358
•6 DECEMBER 2024
| [2024] FWCA 4358 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
Kuiper Energy Solutions Pty Ltd
(AG2024/4450)
KUIPER ENERGY SOLUTIONS PTY LTD, AMWU, AWU AND ETU OFFSHORE VICTORIA MINERVA GAS FIELD REMOVAL AND DEMOLITION GREENFIELDS AGREEMENT 2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 6 DECEMBER 2024 |
Application for approval of the Kuiper Energy Solutions Pty Ltd, AMWU, AWU and ETU Offshore Victoria Minerva Gas Field Removal and Demolition Greenfields Agreement 2024
An application has been made for approval of an enterprise agreement known as the Kuiper Energy Solutions Pty Ltd, AMWU, AWU and ETU Offshore Victoria Minerva Gas Field Removal and Demolition Greenfields Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kuiper Energy Solutions Pty Ltd (the Applicant). The Agreement is a greenfields enterprise agreement.
The Applicant has provided a written undertaking (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertaking. The bargaining representatives have indicated their acceptance of the undertaking provided. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.
Subject to the undertaking referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertaking is taken to be a term of the Agreement.
I note that Clause 8.3 of the Agreement provides that where the National Employment Standards (NES) is more beneficial in a particular respect to an Employee, then the NES shall prevail to the extent of the inconsistency.
The Agreement does not provide for a delegates’ rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that clause 36A, Workplace delegates’ rights, in the Building and Construction General On-Site Award 2020 and clause 26A, Workplace delegates’ rights, in the Electrical, Electronic and Communications Contracting Award 2020 are to be taken to be terms of the Agreement.
The Australian Manufacturing Workers Union (AMWU); Australian Workers Union (AWU); and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) lodged Form F21 statutory declarations as required by Rule 33(4) of the Fair Work Commission Rules 2024.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 June 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE527118 PR782163>
Annexure A
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