Application for approval of the Oceania Engineering Services Pty Ltd (Shell WA/NT) Offshore Maintenance Enterprise Agreement 2025

[1] Oceania Engineering Service Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as Oceania Engineering Services Pty Ltd (Shell WA/NT) 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] 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.

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

• (a) Personal/carer's leave - accrual: Clause 19.4 of the Agreement provides that paid personal leave accrues for each 12 months of service, at one day per 5.2 weeks of service. This appears to be inconsistent with s 96 of the Act which provides that personal/carer's leave accrues progressively.

• (b) Personal/carers leave - evidence: Clause 19.10 provides that an employee must provide notice as soon as reasonably practically, and this should ideally be prior to mobilisation or the shift commencing. This appears to be inconsistent with s 107(2)(a) of the Act, which states the notice must be given to the employer as soon as practicable (which may be a time after the leave has started).

• (c) Compassionate leave: The Agreement appears to be silent in relation to compassionate leave, particularly in circumstances of stillbirth or miscarriage, which is inconsistent with s 104(1)(b) and (c) of the Act.

• (d) Family and domestic violence leave: Clause 26.1 of the Agreement provides that an employee is entitled to 5 days unpaid leave to deal with family and domestic violence. This appears to be inconsistent with s 106A of the Act which provides that an employee is entitled to 10 days of paid family and domestic violence leave

[4] 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.

[5] The Australian Workers' Union (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 20 November 2025 and, in accordance with s 54, will operate from 27 November 2025. The nominal expiry date of the Agreement is 15 April 2029.

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