Application for approval of the UGL Operations and Maintenance Pty Ltd Esso Care and Preservation Offshore Maintenance Enterprise Agreement 2025.

[1] An application has been made for approval of an enterprise agreement known as the UGL Operations and Maintenance Pty Ltd Esso Care and Preservation Offshore Maintenance 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 UGL Operations and Maintenance Pty Limited (the Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

[4] I note that clause 52 of the Agreement states that the delegates rights provisions of the Awards as varied from time to time, will apply. I note that the workplace delegates' rights term at clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 will be inserted into the Agreement and taken to be a term of the Agreement.

[5] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

• Maximum Weekly Hours: Clause 15 of the Agreement provides for ordinary hours and rostering and subclause 15.2 provides for a maximum of rostered hours in a 28-day cycle of 171 hours. I note that s.62 of the Act that an employer must not require a full-time employee to work more 38 hours in a week unless the additional hours are reasonable.

• Annual Leave: Clause 53 of the Agreement expresses the entitlement to annual leave in days rather than weeks as per s.87 of the Act.

[6] However, noting clause 4.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[7] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement support the approval of the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[8] The Agreement is approved, and in accordance with s.54 of the Act, will operate from 18 July 2025. The nominal expiry date of the Agreement is 30 June 2029.

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