TOS Australia Pty Ltd

[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

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.

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

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.

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.

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.

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.

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

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission involved an application by TOS Australia Pty Ltd for the approval of the TOS Australia Pty Ltd Offshore Oil and Gas Industry Deck Officers Enterprise Agreement 2025. The dispute centred on the fairness and compliance of the proposed enterprise agreement with relevant industrial laws and standards. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated, whether it adhered to the procedural requirements for approval, and whether it contained terms and conditions that were fair and reasonable. The applicant argued that the agreement was the product of genuine negotiations and met all legislative requirements, while no opposing party contested the application. The Commission considered the negotiation process, the fairness of the terms, and the compliance of the agreement with the statutory framework.

The Commission found that the application for approval was valid, and the enterprise agreement was genuinely negotiated and met the procedural requirements set forth in the Fair Work Act. The terms and conditions of the agreement were deemed fair and reasonable, taking into account the specific circumstances of the offshore oil and gas industry. Consequently, the Commission approved the TOS Australia Pty Ltd Offshore Oil and Gas Industry Deck Officers Enterprise Agreement 2025, effective from the date of the decision.

The Commission ordered that the approved enterprise agreement be registered with the Fair Work Commission and that it would apply to the relevant employees from the date specified in the agreement. The decision was made in the absence of any objections and with the recognition that the agreement would provide a fair and effective framework for the employment of deck officers in the offshore oil and gas industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established