Sedco Forex International Inc

[2023] FWCA 2809

[2023] FWCA 2809

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sedco Forex International Inc

(AG2023/2913)

SEDCO FOREX INTERNATIONAL INC ENTERPRISE AGREEMENT 2023

Oil and gas industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 1 SEPTEMBER 2023

Application for approval of the Sedco Forex International Inc Enterprise Agreement 2023

1. An application has been made for approval of a greenfields agreement known as the Sedco Forex International Inc Enterprise Agreement 2023 (the Agreement).  The application was made by Sedco Forex International Inc (the Applicant) pursuant to s 185 of the Fair Work Act 2009 (the Act).

1. Clause 7.1(c) of the Agreement provides that if an employee fails to give the prescribed notice of resignation, the Applicant and the employee may agree for the employee to forfeit the difference between the required and actual notice, with forfeited wages to be deducted from ‘outstanding entitlements’.  As the source of these ‘outstanding entitlements’ does not appear to be limited to wages, this clause may have the effect of withholding entitlements owing to the employee upon termination under the National Employment Standards.  However, I am satisfied that this issue is resolved by the inclusion of clause 1.1(g) of the Agreement.

1. 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 (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 s 53(2)(b) of the Act, I note the Agreement was made with the organisation and that the agreement covers it.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 8 September 2023. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

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