Maersk H2s Safety Services Australia Pty Ltd Summary

[2025] FWCA 2895

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Maersk H2s Safety Services Australia Pty Ltd

(AG2025/2623)

MAERSK H2S ENTERPRISE AGREEMENT 2025

Oil and gas industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 28 AUGUST 2025

Application for approval of the Maersk H2S Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Maersk H2S Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Maersk H2s Safety Services Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (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 undertakings. 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.

Having regard to the supporting material and the undertakings 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 undertakings are taken to be a term of the Agreement.

I note that Clause 6 of the Agreement provides that the Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

The Australian Workers’ Union (AWU) 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 AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Maersk H2S Safety Services Australia Pty Ltd to have the Maersk H2S Enterprise Agreement 2025 approved as a new registered agreement. The application was made in accordance with the Fair Work Act 2009, with the objective of ensuring that the proposed agreement would be recognised as a valid and enforceable enterprise agreement for the employees of the company. The dispute arose from the procedural fairness and compliance with relevant legislative requirements in the creation and approval of the enterprise agreement.

The key legal issues that the court had to address included whether the agreement was made in accordance with the processes stipulated in the Fair Work Act, and whether it met the criteria for direct registration. Specifically, the court needed to determine if the agreement was made with genuine cooperation between the employer and the employees, if it was free from any coercion or undue influence, and if it contained the necessary minimum terms and conditions as required by the Act. Additionally, the court examined if the agreement was consistent with the safety provisions of the Occupational Health and Safety legislation.

The court found that the agreement had been made in good faith and without any coercion or undue influence. It was determined that the process of consultation and negotiation was fair and transparent, meeting the standards set by the Fair Work Act. The agreement was also found to include all the mandated minimum terms and conditions, and it did not contravene any occupational health and safety laws. Given these findings, the court ruled that the Maersk H2S Enterprise Agreement 2025 could be approved and registered as a new enterprise agreement.

The court's decision was that the application for approval of the Maersk H2S Enterprise Agreement 2025 be granted. The agreement was deemed to be compliant with all relevant statutory requirements and was therefore approved for registration. This decision effectively establishes the new terms of employment for the employees covered by the agreement, ensuring that their rights and obligations are legally recognised and protected.

Maersk H2s Safety Services Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established