Application by Sea1 Offshore Australia Pty Ltd
Citation: [2026] FWCA 1974
What happened
Sea1 Offshore Australia Pty Ltd applied for approval of a greenfields enterprise agreement, the Sea1 Offshore Australia Maritime Oil and Gas Industry Deck Officers Enterprise Agreement 2025. The Australian Workers' Union (AWU) was involved in creating the agreement. The Australian Maritime Officers’ Union (AMOU) objected, arguing the AWU didn't represent a majority of employees and it wasn't in the public interest to approve the agreement.
What was decided
The Fair Work Commission approved the enterprise agreement. It noted some clauses were inconsistent with the National Employment Standards (NES), but an undertaking ensured the NES would prevail where conflicts arose. A model consultation term from the Fair Work (Model Terms) Determination 2025 was incorporated due to the absence of a suitable clause in the agreement. The Commission also substituted a more favourable Workplace Delegates’ Rights term from the Maritime Offshore Oil and Gas Award 2020. The agreement will operate from July 31, 2026, expiring October 1, 2027.
What it means for employers
Employers creating enterprise agreements must ensure they comply with all requirements of the Fair Work Act, including those relating to signature pages and consultation terms. They should also be mindful of potential inconsistencies with the National Employment Standards and address them through undertakings or other mechanisms.
What it means for employees
Deck officers covered by this agreement will benefit from the provisions outlined in the enterprise agreement, supplemented by the model consultation term and the Workplace Delegates’ Rights term from the Maritime Offshore Oil and Gas Award 2020. The National Employment Standards will apply where there are inconsistencies with the agreement.
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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 →