Application by Cougar Drilling Pty Ltd
Citation: [2026] FWCA 1938
What happened
Cougar Drilling Pty Ltd sought approval for the Cougar Drilling South Coast Enterprise Agreement 2026. The Fair Work Commission considered whether the requirements of sections 186, 187 and 188 of the Fair Work Act 2009 were met. The Mining and Energy Union (MEU) indicated it wanted the agreement to cover them. A typographical error existed in clause 3.1(c), incorrectly referencing the Construction, Forestry, Maritime, Mining and Energy Union instead of the MEU.
What was decided
The Fair Work Commission approved the Cougar Drilling South Coast Enterprise Agreement 2026. The agreement will operate from July 30, 2026, and expire on December 31, 2028. The Commission corrected a typographical error in clause 3.1(c), replacing the incorrect union name with the correct one (Mining and Energy Union). It noted that clauses of the agreement may be inconsistent with the National Employment Standards but the more beneficial entitlements will prevail.
What it means for employers
Employers should carefully review enterprise agreements for typographical errors before submitting them for approval. Ensure all references to unions are accurate, as errors can lead to Commission intervention and amendment.
What it means for employees
Employees covered by this agreement benefit from the terms outlined in the Cougar Drilling South Coast Enterprise Agreement 2026. Where there is a conflict between the agreement and National Employment Standards, the NES entitlements will apply.
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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 →