Programmed Offshore Pty Ltd

[2025] FWCA 411

[2025] FWCA 411

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Programmed Offshore Pty Ltd

(AG2025/6)

PROGRAMMED OFFSHORE PTY LTD - WESTERN AUSTRALIA AND NORTHERN TERRITORY OFFSHORE CONSTRUCTION PROJECTS GREENFIELDS AGREEMENT 2024

Oil and gas industry
COMMISSIONER LIM	PERTH, 4 FEBRUARY 2025

Application for approval of the Programmed Offshore Pty Ltd - Western Australia and Northern Territory Offshore Construction Projects Greenfields Agreement 2024.

1. Programmed Offshore Pty Ltd (the Applicant) has made an application for the approval of a greenfields agreement known as the Programmed Offshore Pty Ltd - Western Australia and Northern Territory Offshore Construction Projects Greenfields Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 

1. The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

1. I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

(a)Clause 27 provides a list of public holidays and is inclusive of any other day which is declared; however, it does not appear to include “any other day or part day prescribed” as per s 115(1)(b) of the Act.

(b)Clause 27.3 states that employees shall work and work shall be scheduled to continue day by day until the job is completed without interruption for public holidays, irrespective of the time of year on which those holidays fall including the Christmas/New Year holiday period. This appears to be inconsistent with s 114(1) of the Act which provides that an employee is entitled to be absent from their employment on a day or part day that is a public holiday in the place where the employee is based for work purposes, unless the request to work is reasonable as per s 114(4) of the Act.

1. However, I am satisfied that under clause 7 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. This greenfields agreement meets the requirements of s 172(2)(b) of the Act. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 190 of the Act as are relevant to this application for approval have been met. 

1. In accordance with s 187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (the Organisation) 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 also satisfied that it is in the public interest to approve the Agreement.  

1. Pursuant to ss 53(2)(b) and 201(2A) of the Act, I note the Agreement was made with the Organisation and that the Agreement covers it. 

1. The Agreement was approved on 4 February 2025 and, in accordance with s 54, will operate from 11 February 2025. The nominal expiry date of the Agreement is 12 November 2028. 

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE527869  PR783893>

Annexure A