Application for approval of the MWOG Pty Ltd Offshore Maintenance Enterprise Agreement 2025

[1] Mwog Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the MWOG Pty Ltd Offshore Maintenance Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in 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.

[3] In compliance with s 190(4) of the Act, the bargaining representatives' views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and 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, 188, and 190 of the Act as are relevant to this application for approval have been met.

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

• (a) Maximum weekly hours of work - Clause 12.1 of the Agreement states that the ordinary hours of work will be the average of up to 42 hours per week and may be averaged over a 52-week period. This appears inconsistent with s 62 of the Act which states that the ordinary hours for full time employees is a maximum of 38 hours a week.

• (b) Family and domestic violence leave - Clause 26.2(a) of the Agreement provides for a definition of family and domestic leave as being violent, threatening or other abusive behaviour by a family member of an employee that seeks to coerce or control the employee and that causes them harm or to be fearful. This appears to be inconsistent with s 106B of the Act which provides that family and domestic violence is violent, threatening or other abusive behaviour by a close relative of a person, a member of a person's household, or a current or former intimate partner of a person. The Act does not provide that family and domestic violence is only perpetrated by a family member of the employee.

• (c) Deductions - termination - Clause 30.2 of the Agreement states that in circumstances where the Employee's employment is terminated and there are outstanding monies owed by the Employee to the Company, including overpayments made to the Employee, the Company may withhold the outstanding amount from the final payment. The source from which monies may be deducted has not been specified and may result in deductions being made from accrued NES entitlements.

• (d) Public holidays - Clause 27 of the Agreement does not appear to provide a list of public holidays that employees are entitled to as provided by s 115 of the Act. Clause 27.1 of the Agreement further states that the Company will require an Employee to work on a public holiday where it falls during an Employee's rostered Work Cycle, which does not provide that whilst an employer may request an employee to work on a public holiday if the request is reasonable, the employee may refuse the request if the request is not reasonable; or the refusal is reasonable.

[6] However, I am satisfied that under clause 6.2 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Australian Workers' Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (together, the organisations), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.

[8] The Agreement was approved on 8 December 2025 and, in accordance with s 54, will operate from 15 December 2025. The nominal expiry date of the Agreement is 8 December 2029.

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