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

[2017] FWCA 6936

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2017/4150)

M-I SWACO (Materials Handlers) Enterprise Agreement 2017

Oil and gas industry
Commissioner Wilson	MELBOURNE, 21 DECEMBER 2017

Application for approval of the M-I SWACO (Materials Handlers) Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the M-I SWACO (Materials Handlers) Enterprise Agreement 2017 (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.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, M-I Australia Pty Ltd trading as M-I Swaco, applied to the Fair Work Commission for approval of the M-I SWACO (Materials Handlers) Enterprise Agreement 2017. The application was made under section 234 of the Fair Work Act 2009, and the dispute was heard by the Commission in Sydney. The primary concern of the application was whether the agreement met the statutory requirements for being a "registered agreement" as defined under the Fair Work Act. Specifically, the applicant sought approval for the agreement to cover materials handlers employed by M-I Swaco across various sites in Australia.

The legal issues at the core of this case revolved around the compliance of the proposed enterprise agreement with the procedural and substantive requirements outlined in the Fair Work Act. The Commission had to determine if the agreement was genuinely negotiated, if it contained the mandatory terms and conditions as stipulated by the Act, and if it adhered to the procedural prerequisites for registration. This included verifying that the agreement was supported by a majority of the employees in the relevant bargaining unit and that it was free from any procedural flaws that could invalidate the agreement.

In reaching its decision, the Commission thoroughly examined the evidence provided by the applicant regarding the negotiation process and the support of the employees. It found that the agreement was the result of genuine negotiations between the employer and the employees' representatives, and it contained all the mandatory terms and conditions as required by the Act. The Commission also confirmed that the agreement was supported by a majority of the relevant employees and that the procedural steps leading to its negotiation and approval were in compliance with the Act. Based on these findings, the Commission approved the application and registered the M-I SWACO (Materials Handlers) Enterprise Agreement 2017.

The final orders of the Commission included the registration of the enterprise agreement, effective from the date of the decision. This registration made the agreement binding on the employer and the employees covered by the agreement, and it established the terms and conditions of employment for the materials handlers employed by M-I Swaco. The decision provided clarity and certainty for the parties involved and upheld the integrity of the enterprise bargaining process under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established