Application by Axess Offshore Australia Pty Ltd Trading AS Axess Offshore Australia
Citation: [2026] FWC 2683
At a glance
- Employees affected
- 7
What happened
Axess Offshore Australia Pty Ltd sought approval for the Axess Offshore Australia Enterprise Agreement 2026. The Australian Workers’ Union (AWU) initially expressed interest and claimed to be a bargaining representative, asserting they had a member covered by the agreement. However, it was revealed that this member had nominated another person as their bargaining representative. While the AWU conceded they weren't a formal bargaining representative, they requested permission to present submissions under section 590 of the Fair Work Act. Axess opposed this request.
What was decided
The Commission found the AWU was not a bargaining representative and didn’t need to be heard on all aspects of the application. However, due to concerns raised about whether employees who voted for the agreement were sufficiently representative of those covered by it, the Commission exercised its discretion under section 590 of the Fair Work Act to allow the AWU to present submissions and evidence specifically related to that issue. The proceedings will be relisted for further directions.
What it means for employers
Employers should ensure accurate records are kept regarding employee nominations of bargaining representatives. It highlights the importance of understanding the scope and potential impact of enterprise agreements, particularly when considering representation from unions.
What it means for employees
Employees who are members of a union should be aware of their rights and responsibilities as bargaining representatives, including properly nominating representatives for enterprise agreement processes.
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This summary was drafted 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 →