[2025] FWCFB 139
Citation: [2025] FWCFB 139
At a glance
- Employees affected
- 7
- Awards cited
- MA000013
What happened
Qube Offshore Services Pty Ltd and the Australian Workers’ Union (AWU) were bargaining for an enterprise agreement to cover around seven employees who work on a floating liquified natural gas facility, the Prelude, offshore Western Australia. They reached agreement on some conditions but disagreed on wage rates and income protection insurance. Employees voted against Qube Offshore’s proposed agreement. An intractable bargaining declaration was made, and the Fair Work Commission was asked to make a workplace determination. Evidence was presented at hearings in Sydney.
What was decided
The Fair Work Commission made an intractable bargaining workplace determination. The determination includes wage rates and wage increases as determined by the Commission. Income protection insurance was considered but not included. The determination also includes mandatory and agreed terms as required by the Fair Work Act 2009. The determination will cover the employer, employees, and the AWU as the bargaining representative. The Commission considered various factors, including the interests of employers and employees, and the conduct of the bargaining representatives.
What it means for employers
Employers engaging in enterprise bargaining should be prepared for the possibility of intractable bargaining declarations. They need to engage in good faith bargaining and consider the impact of their positions on employee relations. The Commission will consider the conduct of bargaining representatives when making determinations.
What it means for employees
Employees should be aware of their right to be represented by a union during enterprise bargaining. If bargaining reaches an impasse, the Fair Work Commission can intervene and make a determination. The determination may include wage increases and other conditions.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwcfb139.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →