McDermott Australia (Crewing Services) Pty Ltd Summary

[2025] FWCA 745

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

McDermott Australia (Crewing Services) Pty Ltd

(AG2025/382)

MCDERMOTT AUSTRALIA (CREWING SERVICES) PTY LTD – INPEX OPERATIONS AUSTRALIA PTY LTD BREWSTER DRILL CENTRE 1A CAMPAIGN AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER SCHNEIDER	PERTH, 26 FEBRUARY 2025

Application for approval of the McDermott Australia (Crewing Services) Pty Ltd – INPEX Operations Australia Pty Ltd Brewster Drill Centre 1A Campaign Agreement 2025

McDermott Australia (Crewing Services) Pty Ltd (the Applicant) has made an application under section 185 of the Fair Work Act 2009 (Cth) (the Act) for the approval of a single enterprise greenfields agreement known as the McDermott Australia (Crewing Services) Pty Ltd – INPEX Operations Australia Pty Ltd Brewster Drill Centre 1A Campaign Agreement 2025 (the Agreement).

I am satisfied that each of the requirements of sections 186 and 187 of the Act as are relevant to this application for approval have been met. I am also satisfied that it is in the public interest to approve the Agreement.

In accordance with section 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU), the Australian Workers’ Union, and the Australian Manufacturing Workers’ Union (jointly, the Unions) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. Pursuant to section 53(2)(b) of the Act, I note the Agreement was made with and covers the Unions.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 March 2025. The nominal expiry date of the Agreement is 12 November 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of a collective agreement between McDermott Australia (Crewing Services) Pty Ltd and INPEX Operations Australia Pty Ltd, concerning the Brewster Drill Centre 1A Campaign Agreement 2025. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was in the best interests of the employees covered by it, considering the Fair Work Act’s requirements. Specifically, the Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been negotiated in good faith. The Commission also considered whether the agreement adequately protected the rights of employees and provided for proper dispute resolution mechanisms.

In delivering its decision, the Commission examined the terms and conditions of the agreement, the bargaining process, and the potential impact on the employees. The Commission concluded that the agreement met the statutory requirements, as it provided fair and reasonable terms and conditions, was negotiated in good faith, and included adequate provisions for dispute resolution. The Commission found that the agreement was in the best interests of the employees and approved the application for registration.

The Fair Work Commission approved the application for the registration of the McDermott Australia (Crewing Services) Pty Ltd – INPEX Operations Australia Pty Ltd Brewster Drill Centre 1A Campaign Agreement 2025, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement are legally binding on both parties and their employees, and provides a framework for the resolution of any future disputes.

McDermott Australia (Crewing Services) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established