TOS Australia Pty Ltd

[2025] FWCA 2971

[2025] FWCA 2971

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

TOS Australia Pty Ltd

(AG2025/2694)

TOS AUSTRALIA PTY LTD OFFSHORE OIL AND GAS INDUSTRY DECK OFFICERS ENTERPRISE AGREEMENT 2025

Oil and gas industry
COMMISSIONER SIMPSON	BRISBANE, 9 SEPTEMBER 2025

Application for approval of the TOS Australia Pty Ltd Offshore Oil and Gas Industry Deck Officers Enterprise Agreement 2025

1. An application has been made for approval of a greenfields agreement known as the TOS Australia Pty Ltd Offshore Oil and Gas Industry Deck Officers Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TOS Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

1. The Applicant has provided written undertakings. 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. Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. Noting clause 3.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Maritime Offshore Oil and Gas Award 2020 is taken to be a term of the Agreement.

1. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers' Union (AWU) 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 AWU and that the Agreement covers this organisation.

2. The Agreement is approved and will operate in accordance with s.54 of the Act.
   

COMMISSIONER

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