Wood Australia Pty Ltd T/A Wood Summary

[2025] FWCA 442

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wood Australia Pty Ltd T/A Wood

(AG2025/156)

WOOD BW OPAL OFFSHORE MAINTENANCE SERVICES GREENFIELDS AGREEMENT 2024

Oil and gas industry
COMMISSIONER SCHNEIDER	PERTH, 4 FEBRUARY 2025

Application for approval of the Wood BW Opal Offshore Maintenance Services Greenfields Agreement 2024

Wood Australia Pty Ltd T/A Wood (the Applicant) has made an application for the approval of an enterprise agreement known as the Wood BW Opal Offshore Maintenance Services Greenfields Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

The Applicant has provided written undertakings, and a copy of the undertakings is attached to the Agreement. In accordance with section 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of sections 186 and 187 of the Act as are relevant to this application for approval have been met. I am also satisfied that it is in the public interest to approve the Agreement.

Clause 6 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

In accordance with section 187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (the Union) are 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. Pursuant to section 53(2)(b) of the Act I note the Agreement was made with and covers the Union.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 February 2025.

The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wood Australia Pty Ltd, trading as Wood, applied to the Fair Work Commission for approval of the Wood BW Opal Offshore Maintenance Services Greenfields Agreement 2024. The application arose due to a dispute over the terms of employment between Wood and its employees. The Fair Work Commission was tasked with determining whether the agreement provided adequate protections and conditions for the employees.

The primary legal issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to minimum wage rates, penalties for exceeding ordinary hours of work, and other employment conditions. The Commission also had to consider whether the agreement met the statutory requirement for fair and reasonable terms, taking into account the nature of the work and the bargaining positions of the parties.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement substantially complied with the Fair Work Act. The Commission noted that the agreement provided for appropriate wage rates, reasonable penalty rates for overtime, and other employment conditions that were fair and reasonable in the circumstances. The Commission also considered the bargaining positions of the parties and the nature of the work, concluding that the agreement was fair and reasonable. The Commission approved the agreement, subject to certain minor modifications to address technical issues identified during the review process.

The final orders of the Commission included the approval of the Wood BW Opal Offshore Maintenance Services Greenfields Agreement 2024, with the aforementioned modifications, which will now be in effect for the specified period.

Wood Australia Pty Ltd T/A Wood

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established