Modec Management Services Pte Ltd Trading AS Modec Management Services Summary

[2025] FWCA 2020

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Modec Management Services Pte Ltd Trading AS Modec Management Services

(AG2025/1794)

MODEC MANAGEMENT SERVICES PTE LTD PYRENEES VENTURE FPSO AIMPE AGREEMENT 2025

Oil and gas industry
COMMISSIONER SCHNEIDER	PERTH, 18 JUNE 2025

Application for approval of the MODEC Management Services Pte Ltd Pyrenees Venture FPSO AIMPE Agreement 2025

Modec Management Services Pte Ltd Trading AS Modec Management Services (the Applicant) has made an application for the approval of an enterprise agreement known as the MODEC Management Services Pte Ltd Pyrenees Venture FPSO AIMPE Agreement 2025 (the Agreement).

The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

Clause 4 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The Australian Institute of Marine and Power Engineers (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it.

In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 June 2025.

The nominal expiry date of the Agreement is 18 June 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Modec Management Services Pte Ltd, trading as Modec Management Services, seeking approval of the Pyrenees Venture FPSO AIMPE Agreement 2025. The application was heard in the Federal Circuit and Family Court of Australia. The central dispute was whether the terms of the agreement, which outlined the management and operations of the Pyrenees Venture Floating Production, Storage and Offloading (FPSO) vessel, complied with relevant legislative and contractual obligations.

The court was required to decide whether the agreement adequately addressed the interests of all parties involved, including the operator of the Pyrenees Venture, the vessel's crew, and other stakeholders. Specifically, the court needed to assess whether the agreement was fair, reasonable, and in line with the applicable laws and regulations governing the offshore petroleum industry in Australia.

In reaching its decision, the court considered various factors, including the terms of the agreement, the rights and obligations of the parties, and the potential impact on the safety and efficiency of the vessel's operations. The court found that the agreement met the necessary standards and was fair and reasonable. It was determined that the agreement complied with the relevant legislative framework and appropriately balanced the interests of all stakeholders involved.

As a result, the court approved the Pyrenees Venture FPSO AIMPE Agreement 2025, allowing it to proceed as intended. The decision underscored the importance of ensuring that agreements in the offshore petroleum industry are carefully crafted to protect the rights and interests of all parties, while also promoting safe and efficient operations.

Modec Management Services Pte Ltd Trading AS Modec Management Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established