TOS Australia Pty Ltd

Case

[2025] FWCA 1974

13 JUNE 2025


[2025] FWCA 1974

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

TOS Australia Pty Ltd

(AG2025/1625)

TOS AUSTRALIA PTY LTD AND MUA OFFSHORE OIL AND GAS ENTERPRISE AGREEMENT 2025

Oil and gas industry

DEPUTY PRESIDENT MILLHOUSE

MELBOURNE, 13 JUNE 2025

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

  1. An application has been made for approval of a greenfields agreement known as the TOS Australia Pty Ltd and MUA Offshore Oil and Gas Enterprise Agreement 2025 (Agreement). The application was made by TOS Australia Pty Ltd (Employer) pursuant to
    s 185 of the Fair Work Act 2009 (Cth) (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. In accordance with s 187(5)(a) of the Act, I am satisfied that the Construction, Forestry and Maritime Employees Union, Maritime Division (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 as required by s 187(5)(b).

  1. The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. 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. The undertakings are taken to be a term of the Agreement. 

  1. Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the CFMEU and that the Agreement covers this organisation.

  1. The Agreement is approved and, in accordance with s 54 of the Act will operate from 20 June 2025. The nominal expiry date of the Agreement is 1 August 2027.


DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE529363  PR788193>

Annexure A

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