Application by Sea1 Offshore Australia Pty Ltd
Citation: [2026] FWC 2794
At a glance
- Employees affected
- 40
What happened
Sea1 Offshore Australia Pty Ltd sought approval for its Maritime Oil and Gas Industry Deck Officers Enterprise Agreement 2025, aiming to improve retention, safety, and competitiveness. The Australian Workers’ Union (AWU) was involved in negotiations. However, the Australian Maritime Officers’ Union (AMOU) objected, arguing the AWU didn't represent a majority of employees and that approval wasn't in the public interest. Evidence showed Sea1 approached the AWU to bargain for the agreement in May 2025, with approximately 30 out of 40 likely workers being AWU members.
What was decided
The Fair Work Commission dismissed the AMOU’s objection to approving the Sea1 Offshore Australia Enterprise Agreement. Commissioner Thornton considered evidence regarding union coverage history and current membership numbers. The Commission found that the AWU was entitled to represent the industrial interests of a majority of employees covered by the agreement, satisfying section 187(5) of the Fair Work Act. The Commission also determined approval was in the public interest.
What it means for employers
Employers seeking to establish enterprise agreements should ensure they engage with relevant unions and consider union coverage when negotiating terms and conditions. Understanding the history and scope of union representation within an industry is crucial for a smooth agreement process.
What it means for employees
Employees should be aware of which unions represent them in their workplace and understand how collective bargaining can impact their employment conditions. This case highlights the importance of union involvement in shaping enterprise agreements.
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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