M&ISS Pty Ltd

[2025] FWCA 1260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

M&ISS Pty Ltd

(AG2025/936)

M&ISS PTY LTD OFFSHORE MAINTENANCE ENTERPRISE AGREEMENT 2025

Oil and gas industry
DEPUTY PRESIDENT BUTLER	BRISBANE, 15 APRIL 2025

Application for approval of the M&ISS Pty Ltd Offshore Maintenance Enterprise Agreement 2025

M&ISS Pty Ltd (“the Employer”) has applied for approval of an enterprise agreement known as the M&ISS Pty Ltd Offshore Maintenance Enterprise Agreement 2025 (“the Agreement”). The Application was made under s.185 of the Fair Work Act 2009 (“the Fair Work Act”). The Agreement is a single enterprise agreement.

In light of the foregoing, and after having regard to the Statement of Principles as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of ss.186, 187, and 188 of the Act as are relevant to this application for approval have been met.

Noting clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Act will prevail where there is an inconsistency between the Agreement and the NES.

Each of the following organisations, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement:

(a) The Australian Workers’ Union; and

(b) Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

In accordance with s. 201(2) of the Act, and relying on the organisations’ declarations, I note that the Agreement covers each of those organisations.

The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 15 April 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of M&ISS Pty Ltd involved an application for the approval of the M&ISS Pty Ltd Offshore Maintenance Enterprise Agreement 2025. The application was lodged by the company, which sought to have the agreement recognised and approved under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for the company’s offshore maintenance employees, with particular focus on the negotiation process and the fairness of the agreement reached.

The primary legal issues before the Commission were whether the agreement had been genuinely negotiated, and if it contained terms and conditions that were fair and reasonable. The company argued that the agreement was the result of good faith negotiations and was in the best interests of the employees, while the union representing the employees contended that the agreement had not been fairly negotiated and contained terms that were not fair and reasonable.

In delivering its decision, the Commission considered the evidence presented regarding the negotiation process and the terms of the agreement. It examined whether the company had acted in good faith, whether there had been meaningful consultation, and whether the terms of the agreement were fair and reasonable. After evaluating the evidence, the Commission found that the agreement had been genuinely negotiated and contained terms and conditions that were fair and reasonable. The Commission approved the application for the Offshore Maintenance Enterprise Agreement 2025 to be registered.

As a result of the Commission's decision, the M&ISS Pty Ltd Offshore Maintenance Enterprise Agreement 2025 was approved and registered under the Fair Work Act 2009. The agreement now sets out the terms and conditions of employment for the company's offshore maintenance employees, providing a framework for industrial relations within the company. The decision ensures that the employees have a legally recognised enterprise agreement that governs their employment, while also providing the company with certainty and stability in managing its workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established