Weatherford Australia Pty Ltd Summary

[2025] FWCA 2755

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Weatherford Australia Pty Ltd

(AG2025/2349)

WEATHERFORD AUSTRALIA PTY LTD, TUBULAR RUNNING SERVICES FIELD EMPLOYEES ENTERPRISE AGREEMENT 2025

Oil and gas industry
COMMISSIONER SIMPSON	BRISBANE, 19 AUGUST 2025

Application for approval of the Weatherford Australia Pty Ltd, Tubular Running Services Field Employees Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Weatherford Australia Pty Ltd, Tubular Running Services Field Employees 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 Weatherford Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(5) of the Act, the model flexibility term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

Noting clause 4.2 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.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

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 case involves Weatherford Australia Pty Ltd and its employees, represented by the Field Employees Enterprise Agreement. The dispute arose over the proposed agreement's terms and conditions for employees in the tubular running services sector, and the matter was brought before the Fair Work Commission. The central issue for the Commission was whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and if it provided for fair and reasonable terms and conditions for the employees.

The Commission examined various aspects of the proposed agreement, including wage rates, working hours, leave provisions, and dispute resolution mechanisms. It considered whether the agreement provided for a safety net of minimum wages and conditions, and whether it complied with the principles of procedural fairness and good faith bargaining. The Commission also assessed whether the agreement adequately protected the employees' rights and interests while ensuring the viability of the employer.

After reviewing the evidence and submissions from both parties, the Commission concluded that the proposed agreement met the necessary statutory requirements and provided for fair and reasonable terms and conditions for the employees. The Commission found that the agreement offered a safety net of minimum wages and conditions, and that it complied with the principles of procedural fairness and good faith bargaining. The Commission approved the Weatherford Australia Pty Ltd, Tubular Running Services Field Employees Enterprise Agreement 2025, effective from the date of the decision.

The Fair Work Commission ordered the approval of the Weatherford Australia Pty Ltd, Tubular Running Services Field Employees Enterprise Agreement 2025, subject to any modifications that may be required by the Fair Work Regulations 2009. The agreement will now be binding on the parties and will govern the terms and conditions of employment for the employees in the tubular running services sector. The decision provides certainty for both the employer and employees, ensuring that the agreement meets the legal requirements and protects the interests of all parties involved.

Weatherford Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established