Application for approval of the NOV Australia Pty Ltd Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the NOV Australia Pty Ltd Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by NOV Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] 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.

[4] The Australian Manufacturing Workers' Union (AMWU) and the United Workers' Union (UWU), being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers those organisations. The AMWU and the UWU support approval of the Agreement.

[5] The agreement title in the Notice of Representational Rights (NERR) distributed to employees is slightly different to the agreement title in clause 1 of the Agreement. Further, the employer provided a pre-reform version of the NERR to employees on 23 October 2024. The pre-reform version of the NERR provided that the Agreement would cover employees covered by the Building and Construction General On-site Award 2020, rather than the Manufacturing and Associated Industries and Occupations Award 2020. The NERR was reissued to correct these above errors on 27 December 2024, 65 days after the notification time. Pursuant to s.188(5), I am satisfied that the Agreement would have been genuinely agreed to but for these minor procedural errors. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.

[6] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 13 - Personal leave

[7] However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2025. The nominal expiry date of the Agreement is 30 June 2028.

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