[1] An application has been made for approval of an enterprise agreement known as the RLS 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 RLS (WA) Pty Ltd Trading As Rigsafe WA. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertaking 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement does not have a delegates' rights terms as required under s 205A of the Act. I intend to insert a copy of the delegates rights term as found under clause 36A of the Award (as defined in the Agreement) in accordance with clause 5.3(a) of the Agreement.

[5] Clause 21.3 of the Agreement causes ambiguity as it does not expressly include s 104(1)(b) and (c) of the Act in the meaning of 'permissible occasions'. Clause 21.3 will be read in conjunction with clause 21.2 of the Agreement and s 104(1)(b) and (c) of the Act in accordance with clause 5.3(a) of the Agreement.

[6] Clause 6.18 of the Agreement may be viewed as more restrictive than s 66AAB of the Act. If clause 6.18 will be read in conjunction with s 66AAB of the Act in accordance with clause 5.3(a) of the Agreement if it is found to be more restrictive.

[7] The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 13 May 2025. The nominal expiry date of the Agreement is 5 May 2029.

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