UTEC Survey Australia Pty Ltd

[2025] FWCA 2014

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

UTEC Survey Australia Pty Ltd

(AG2025/1686)

UTEC SURVEY AUSTRALIA PTY LTD OFFSHORE HYDROGRAPHIC SURVEY ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER LIM	PERTH, 18 JUNE 2025

Application for approval of the UTEC Survey Australia Pty Ltd Offshore Hydrographic Survey Enterprise Agreement 2025 – Agreement approved.

UTEC Survey Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the UTEC Survey Australia Pty Ltd Offshore Hydrographic Survey Enterprise Agreement 2025. The application was made under s 185 of the Fair Work Act 2009 (Cth). The Agreement is a single enterprise agreement.

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.

The Applicant has provided written undertakings. A copy of the undertakings is attached in 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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

I note that clause 21 in the Agreement appear to be inconsistent with the National Employment Standards. Clause 21 provides that when an employee is deemed to have abandoned their employment, the effective date of termination shall operate from the last day worked or the date of the employee’s last approved absence from work. It is unclear if employees deemed to have abandoned their employment in accordance with this clause will be afforded their minimum notice of termination entitlement as per s 117(3) of the Act. Section 123 of the Act does not preclude an employee who has abandoned their employment from the entitlement to notice of termination provided by s 117 of the Act.

However, I am satisfied that under clause 4.1 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement was approved on 18 June 2025 and, in accordance with s 54, will operate from 25 June 2025. The nominal expiry date of the Agreement is 18 June 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

UTEC Survey Australia Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement. The agreement was between UTEC, the employer, and the Maritime Officers’ Association of Australia, the union representing the employees. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009 for being made and approved. The matter was heard in the Fair Work Commission, which has the authority to approve such agreements.

The primary legal issue before the Commission was whether the agreement had been made in accordance with the provisions of the Fair Work Act. Specifically, the Commission had to consider whether the agreement was made without undue influence or coercion, whether it had been fairly negotiated, and whether it contained all the required terms and conditions. The Commission also needed to determine if the agreement met the "better off overall test", ensuring that the employees were not worse off financially under the new agreement.

The Commission found that the agreement had been made without undue influence and was the product of genuine and fair negotiations. It included all the necessary terms and conditions as required by the Act. Furthermore, the Commission was satisfied that the agreement met the better off overall test, as employees would receive improved pay and conditions without any financial detriment. Therefore, the Commission approved the agreement, finding it to be in the best interests of the employees and the employer.

The Fair Work Commission approved the Offshore Hydrographic Survey Enterprise Agreement 2025, confirming that it was made in accordance with the Fair Work Act. The Commission found that the agreement was the result of fair negotiations, contained all necessary terms, and met the better off overall test. The employees and employer were now bound by the terms of the approved agreement.

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