Application for approval of the All Energies Services Pty Ltd Offshore Oil and Gas, AMOU & AIMPE Officers Greenfield Enterprise Agreement 2025

[1] An application has been made for approval of a greenfields agreement known as the All Energies Services Pty Ltd Offshore Oil and Gas, AMOU & AIMPE Officers Greenfield Enterprise Agreement 2025 (the Agreement). The application was made by All Energies Services Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met.

[3] In accordance with s 187(5)(a) of the Act, I am satisfied that the Australian Maritime Officers' Union (the AMOU) and the Australian Institute of Marine and Power Engineers (the AIMPE) (together, the organisations), 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. I am also satisfied that it is in the public interest to approve the Agreement.

[4] Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the organisations and that the Agreement covers them.

[5] Pursuant to s 201(2A) of the Act I note the Agreement covers the organisations.

[6] 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 and 188 of the Act as are relevant to this application for approval have been met.

[7] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

• (a) Clause 14.1(a) of the Agreement requires employees employed for less than a year to provide 14 days' notice and employees employed for 1 year or more to provide 28 days' notice, which appears greater than the notice requirements under s 117 of the Act; and

• (b) Clause 14.1(d) of the Agreement states that 'if an Employee fails to give the required notice, the Employer may withhold from any monies due to the Employee on termination under this Agreement, the pro-rata equivalent of the notice entitlement that would otherwise have been payable.' As it does not specify if this deduction would be from the employee's wages only it raises an issue of deductions being made from the employee's entitlements under the NES.

[8] However, I am satisfied that under clause 3.2 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[9] The Agreement contains a delegates' rights term, as required by s 205A(1) of the Act; however, the clause is more restrictive and thus less favourable than the workplace delegates' rights term in the applicable award. Accordingly, under s 205A(2) of the Act, Clause 24A of the Maritime Offshore Oil and Gas Award 2020 is taken to be a term of the Agreement.

[10] Pursuant to s.205(2) of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[11] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 21 April 2026. The nominal expiry date of the Agreement is 14 June 2028.

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