Wood Australia Pty Ltd T/A Wood Australia

Case

[2022] FWCA 117

14 JANUARY 2022


[2022] FWCA 117

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wood Australia Pty Ltd T/A Wood Australia

(AG2021/9037)

Wood Offshore Maintenance Services Greenfields Agreement 2021

Oil and gas industry

DEPUTY PRESIDENT EASTON

SYDNEY, 14 JANUARY 2022

Application for approval of the Wood Offshore Maintenance Services Greenfields Agreement 2021.

  1. Wood Australia Pty Ltd T/A Wood Australia (the Employer) has made an application for the approval of the Wood Offshore Maintenance Services Greenfields Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise greenfields agreement.

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

  1. I note that Clause 12.1 – Ordinary Hours of Work is potentially inconsistent with the National Employment Standards (NES). Noting the NES precedence clause at 6.2 in the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Australian Workers’ Union (AWU) was a bargaining representative for the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the AWU.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2022. The nominal expiry date of the Agreement is 14 January 2026.

DEPUTY PRESIDENT

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