OSM Australia Pty Ltd
[2025] FWCA 880
•12 MARCH 2025
| [2025] FWCA 880 [Note: a correction has been issued to this document] |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
OSM Australia Pty Ltd
(AG2025/528)
OSM AUSTRALIA PTY LTD DRILLING ENTERPRISE AGREEMENT 2025
| Oil and gas industry | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 12 MARCH 2025 |
Application for approval of the OSM Australia Pty Ltd Drilling Enterprise Agreement 2025
An application has been made for approval of an enterprise agreement known as the OSM Australia Pty Ltd Drilling Enterprise Agreement 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement.
Section 205A(1) of the Act provides that an enterprise agreement must include a delegates’ rights term for workplace delegates to whom the agreement applies. The Agreement does not contain a delegates’ rights term. Pursuant to subsection 205A(2)(b) of the Act, the delegates’ rights term contained in the Hydrocarbons Industry (Upstream) Award 2020 is taken to be a term of the Agreement.
On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.
Based on the statutory declaration provided by the organisation, I am satisfied that the Australian Workers’ Union is 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. I am satisfied that the Australian Workers’ Union was a bargaining representative for the Agreement. I note that the Agreement covers the Australian Workers’ Union.
I am satisfied that the Agreement, considered on an overall basis, provides for pay and conditions that are consistent with the prevailing pay and conditions within the relevant industry for equivalent work.
I am satisfied that it is in the public interest to approve the Agreement.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 19 March 2024. The nominal expiry date of the Agreement is 18 September 2027.
DEPUTY PRESIDENT
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