DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

M&ISS Pty Ltd
(AG2021/4675)

M&ISS PTY LTD OFFSHORE MAINTENANCE ENTERPRISE AGREEMENT 2021

Oil and gas industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 30 APRIL 2021

Application for approval of the M&ISS Pty Ltd Offshore Maintenance Enterprise Agreement 2021.

[1] M&ISS Pty Ltd has made an application for the approval of an enterprise agreement known as the M&ISS Pty Ltd Offshore Maintenance Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 30 April 2021 and, in accordance with s 54, will operate from 7 May 2021. The nominal expiry date of the Agreement is 30 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, M&ISS Pty Ltd applied for approval of the M&ISS Pty Ltd Offshore Maintenance Enterprise Agreement 2021. The application was brought under the Fair Work Act 2009, with the Commission exercising its powers under section 233. The application involved the approval of an enterprise agreement that would govern the terms and conditions of employment for offshore maintenance workers employed by M&ISS Pty Ltd.

The legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act, including whether it provided for minimum terms and conditions, and whether it was made in good faith and without coercion. The Commission considered submissions from the applicant and the Australian Maritime Officers' Union, which represented the employees.

The Commission found that the agreement satisfied the requirements for approval. It determined that the agreement provided for minimum terms and conditions, including minimum rates of pay, leave entitlements, and other employment-related matters. The Commission also found that the agreement was made in good faith and without coercion, and that it was in the best interests of the employees.

The Commission approved the M&ISS Pty Ltd Offshore Maintenance Enterprise Agreement 2021, with the approval to take effect from the date of the decision. The Commission noted that the agreement would provide greater certainty and stability for both the employees and the employer, and would promote harmonious workplace relations.

M&ISS 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