Sodexo Remote Sites Australia Pty Ltd

Case

[2023] FWC 3189

1 DECEMBER 2023


[2023] FWC 3189

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sodexo Remote Sites Australia Pty Ltd

(AG2023/4421)

SODEXO REMOTE SITES AND MUA MARINE AGREEMENT 2023

Oil and gas industry

COMMISSIONER LIM

PERTH, 1 DECEMBER 2023

Application for approval of the Sodexo Remote Sites and MUA Marine Agreement 2023

  1. An application has been made for approval of a greenfields agreement known as the Sodexo Remote Sites and MUA Marine Agreement 2023 (the Agreement). The application was made by Sodexo Remote Sites Australia Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

  1. The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.

  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.

  1. In accordance with s 187(5)(a) of the Act, I am satisfied that the Construction, Forestry and Maritime Employees Union (the CFMEU) 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. Pursuant to s 201(2A) of the Act I note the Agreement covers the CFMEU.

  1. The Employer has provided written undertakings and 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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE522558  PR768919>

ANNEXURE A

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