Programmed Offshore (Australia) Pty Ltd

[2025] FWCA 488

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Programmed Offshore (Australia) Pty Ltd

(AG2025/191)

PROGRAMMED OFFSHORE (AUSTRALIA) PTY LTD OFFSHORE MAINTENANCE HUC GREENFIELDS ENTERPRISE AGREEMENT 2024

Oil and gas industry
COMMISSIONER SCHNEIDER	PERTH, 6 FEBRUARY 2025

Application for approval of the Programmed Offshore (Australia) Pty Ltd Offshore Maintenance HUC Greenfields Enterprise Agreement 2024

Programmed Offshore (Australia) Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Programmed Offshore (Australia) Pty Ltd Offshore Maintenance HUC Greenfields Enterprise Agreement 2024 (the Agreement).

The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

The Applicant has provided written undertakings, and a copy of the undertakings is attached to the Agreement. In accordance with section 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, 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 Australian Workers’ Union (the Union) 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 Union.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 13 February 2025.

The nominal expiry date of the Agreement is 1 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Offshore (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Programmed Offshore (Australia) Pty Ltd Offshore Maintenance HUC Greenfields Enterprise Agreement 2024. The agreement aimed to regulate the terms and conditions of employment for certain employees, specifically those involved in offshore maintenance activities within the offshore maintenance human resource classification. The dispute arose as the applicant sought to ensure that the agreement was fair and balanced, considering the unique circumstances of offshore work environments.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the Fair Work Act 2009, particularly sections relating to the approval of enterprise agreements. The Commission needed to determine if the agreement met the requirements of being "fair and reasonable" and if it adhered to the provisions of the Act, including those concerning procedural fairness, the scope of the agreement, and the interests of the employees involved.

In reaching its decision, the Fair Work Commission considered the nature of the offshore maintenance work, the specific conditions faced by employees in such environments, and the balance of rights and obligations between the employer and employees. The Commission examined the submissions and evidence provided by both parties, focusing on whether the proposed terms and conditions were appropriate for the offshore maintenance context. Ultimately, the Commission found that the agreement was fair and reasonable, taking into account the unique challenges and conditions of offshore work, and approved the enterprise agreement.

The final orders of the Commission included the approval of the Programmed Offshore (Australia) Pty Ltd Offshore Maintenance HUC Greenfields Enterprise Agreement 2024, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment conditions of the specified employees until a new agreement was entered into or until the agreement was terminated in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established