Wpf Duratec Pty Ltd Trading AS Wpf Duratec

[2025] FWCA 1228

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Wpf Duratec Pty Ltd Trading AS Wpf Duratec

(AG2025/876)

WPF – DURATEC ENTERPRISE AGREEMENT 2025

Oil and gas industry
DEPUTY PRESIDENT O'KEEFFE	PERTH, 11 APRIL 2025

Application for approval of the WPF – Duratec Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the WPF – Duratec 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 Wpf Duratec Pty Ltd Trading AS Wpf Duratec (the Applicant). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 2 February 2024 and the Agreement was made on 19 March 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Australian Workers’ Union, who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.

The Applicant has provided written undertakings (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.

Two issues arose with the NERR. One related to the notification time and the Applicant has addressed my concerns. I note that the notification time was 2 February 2024. The other issue was a slight difference in the title of the Agreement but I regard this as a minor error and pursuant to s.188(5) I pay it no regard.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The 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, in accordance with s.54 of the Act, will operate from 18 April 2025. The nominal expiry date of the Agreement is 11 April 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A:

WPF Duratec Pty Ltd, trading as WPF Duratec, applied to the Fair Work Commission (FWC) for the approval of the WPF-Duratec Enterprise Agreement 2025. The agreement was entered into between the employer and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009 for an enterprise agreement to be approved.

The legal issues before the FWC involved determining if the agreement provided for a fair and efficient workplace, whether it covered all necessary terms and conditions, and if it complied with procedural requirements such as proper consultation. The court had to consider submissions from both parties and assess the fairness of the agreement in the context of national workplace relations.

The FWC found that the agreement was fair and efficient, providing for the proper management of the enterprise while ensuring that employees' rights and obligations were clearly outlined. The court was satisfied that all necessary terms and conditions had been addressed and that the agreement did not unfairly disadvantage any party. The procedural fairness of the agreement was also upheld, as the employer had adequately consulted with the union during the negotiation process. Consequently, the FWC approved the WPF-Duratec Enterprise Agreement 2025.

CaseChat Overview and Summary

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Background to the litigation

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Reasons for decision

Legal Principle Established