DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ISS Integrated Services Pty Ltd
(AG2019/3028)

ISS INTEGRATED SERVICES P/L/MUA OFFSHORE OIL AND GAS (MARINE COOKS AND CATERERS) ENTERPRISE AGREEMENT 2019

Oil and gas industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 AUGUST 2019

Application for approval of the ISS Integrated Services P/L/MUA Offshore Oil and Gas (Marine Cooks and Caterers) Enterprise Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the ISS Integrated Services P/L/MUA Offshore Oil and Gas (Marine Cooks and Caterers) Enterprise Agreement 2019 (the Agreement). The application was made by ISS Integrated Services Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Maritime Union of Australia Division, Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2019. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved ISS Integrated Services Pty Ltd, an employer, and the Maritime Union of Australia (MUA), a union representing marine cooks and caterers in the offshore oil and gas industry. The dispute centred on the application for approval of the ISS Integrated Services P/L/MUA Offshore Oil and Gas (Marine Cooks and Caterers) Enterprise Agreement 2019. The Fair Work Commission, Australia's national workplace relations tribunal, was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing the fairness and validity of the proposed enterprise agreement. Specifically, the Commission had to determine if the agreement contained the requisite "better off overall" test, ensuring that no party was disadvantaged by the agreement compared to their previous conditions. The Commission also needed to confirm that the agreement complied with the procedural requirements, including adequate consultation and the right to object.

In its decision, the Commission first examined the fairness of the agreement, considering various factors such as wages, conditions, and the overall impact on employees. The Commission found that the agreement met the "better off overall" test, as it provided benefits to the employees without causing any detriment. The Commission also confirmed that the procedural requirements were met, with adequate consultation processes in place and no valid objections raised by the parties involved. Consequently, the Commission approved the enterprise agreement, finding it to be fair and compliant with the statutory requirements.

The Commission's final order was to approve the ISS Integrated Services P/L/MUA Offshore Oil and Gas (Marine Cooks and Caterers) Enterprise Agreement 2019, making it a legally binding document between the employer and the union. The agreement now sets the terms and conditions of employment for marine cooks and caterers in the offshore oil and gas industry under ISS Integrated Services.

ISS Integrated Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established