OSM Australia Pty Ltd T/A OSM Australia
[2022] FWCA 3977
•16 NOVEMBER 2022
| [2022] FWCA 3977 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
OSM Australia Pty Ltd T/A OSM Australia
(AG2022/4384)
OSM Offshore Decommissioning Enterprise Agreement 2022
| Oil and gas industry | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 16 NOVEMBER 2022 |
Application for approval of the OSM Offshore Decommissioning Enterprise Agreement 2022
An application has been made for approval of a greenfields agreement known as the OSM Offshore Decommissioning Enterprise Agreement 2022 (Agreement). The application was made by OSM Australia Pty Ltd T/A OSM Australia pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act).
This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met.
In accordance with s 187(5)(a) of the Act, I am satisfied that the Australian Workers Union (AWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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. I am also satisfied that it is in the public interest to approve the Agreement as required by s 187(5)(b).
The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. In accordance with s 191(1) of the Act, the undertakings are taken to be a term of the Agreement.
Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the AWU and the CEPU and that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 23 November 2022. The nominal expiry date of the Agreement is 22 March 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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