The Australian Workers' Union

[2019] FWCA 5545

[2019] FWCA 5545

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers' Union
(AG2019/2454)

BMC GROUP AND AWU ESSO OFFSHORE SITES MAINTENANCE SERVICES GREENFIELD AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER LEE	SYDNEY, 9 AUGUST 2019

Application for approval of the BMC Group and AWU Esso Offshore Sites Maintenance Services Greenfield Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the BMC Group and AWU Esso Offshore Sites Maintenance Services Greenfield Agreement 2019 (the Agreement). The application was made by The Australian Workers’ Union, The pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 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.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 38 – Leave Provisions for Employees Working Offshore

However, noting the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2019. The nominal expiry date of the Agreement is 14 October 2021.

COMMISSIONER

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<AE504813  PR711173>

Annexure A