Application for approval of the Eris Projects Pty Ltd AMWU, AWU and ETU Offshore Greenfields Agreement 2025 for Allseas Support Vessels working on Gippsland Campaign One (1) Platform and Jacket Preparation for Removal and Demolition

[1] Eris Projects Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Eris Projects Pty Ltd AMWU, AWU and ETU Offshore Greenfields Agreement 2025 for Allseas Support Vessels working on Gippsland Campaign One (1) Platform and Jacket Preparation for Removal and Demolition (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

[2] This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), the Australian Workers' Union (AWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) have each submitted a Form F21 indicating that they wish to be covered by the Agreement. In accordance with s.187(5)(a), I am satisfied that these 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. Pursuant to s.53(2)(b) of the Act, I note that the Agreement was made with the AMWU, the AWU and the CEPU, and that the Agreement covers the organisations.

[3] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the AMWU, the AWU and the CEPU regarding the undertaking, allowing a period of two business days from receipt of the undertaking to provide any views. No views were provided.

[4] I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertaking. In accordance with s.201(3) of the Act, I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement does not contain a workplace delegates' rights term as required under s.205A of the Act for agreements made on or after 1 July 2024. Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Building and Construction General On-site Award 2020 is attached to the Agreement and taken to be a term of it.

[6] I have taken into consideration the material filed in the Commission. Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met, including, relevant to the consideration at s.187(5)(b) of the Act that it is in the public interest to approve the Agreement. For the purpose of ss.186(3) and (3A) of the Act, I note that the Agreement will cover all of the employees of the Employer.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2026. The nominal expiry date of the Agreement is 1 June 2029.

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