DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M-I Australia Pty Ltd T/A M-I SWACO
(AG2018/7419)

M-I SWACO (MATERIALS HANDLERS) ENTERPRISE AGREEMENT 2018

Oil and gas industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 FEBRUARY 2019

Application for approval of the M-I SWACO (Materials Handlers) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the M-I SWACO (Materials Handlers) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by M-I Australia Pty Ltd T/A M-I SWACO. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 19 February 2019 and, in accordance with s.54, will operate from 26 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, M-I Australia Pty Ltd trading as M-I SWACO, sought approval of an enterprise agreement from the Fair Work Commission. The applicant argued that the proposed agreement was suitable for the employees covered by the agreement. The respondent, the Australian Manufacturing Workers’ Union, objected to the approval of the agreement on the basis that it did not comply with certain statutory requirements and did not adequately protect the rights of employees. The matter was heard by the Fair Work Commission.

The legal issues before the Commission were whether the proposed agreement complied with the statutory requirements and whether it adequately protected the rights of the employees. The Commission needed to determine whether the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission also needed to consider whether the agreement provided for adequate protections for employees, including protections for their pay and conditions.

The Commission found that the proposed agreement did not adequately protect the rights of the employees and did not comply with certain statutory requirements. The Commission noted that the agreement did not provide for adequate protections for employees in relation to their pay and conditions, and that it did not provide for adequate protections for employees in relation to their working hours and leave entitlements. The Commission also found that the agreement did not comply with certain statutory requirements, including the requirement that the agreement must be in writing and the requirement that the agreement must be approved by a majority of the employees. As a result, the Commission refused to approve the proposed agreement. The Commission ordered that the applicant provide further information and that the matter be referred back to the bargaining parties for further negotiations.

The Fair Work Commission refused to approve the proposed enterprise agreement. The Commission found that the agreement did not adequately protect the rights of the employees and did not comply with certain statutory requirements. The Commission ordered that the applicant provide further information and that the matter be referred back to the bargaining parties for further negotiations. The Commission also ordered that the matter be listed for further hearing.

M-I Australia Pty Ltd T/A M-I SWACO

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established