DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M&ISS Pty Ltd
(AG2016/980)

M&ISS PTY LTD - O&G ENTERPRISE AGREEMENT 2016

Oil and gas industry
COMMISSIONER GREGORY	MELBOURNE, 29 APRIL 2016

Application for approval of the M&ISS Pty Ltd - O&G Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the M&ISS Pty Ltd - O&G Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by M&ISS Pty Ltd. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 May 2016. The nominal expiry date of the Agreement is 28 April 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, M&ISS Pty Ltd applied for the approval of the M&ISS Pty Ltd - O&G Enterprise Agreement 2016. The application was made under section 232 of the Fair Work Act 2009, and the Fair Work (Registered Organisations) Act 2009. The parties involved in the agreement were M&ISS Pty Ltd, as the employer, and the Oil and Gas Workers Union, representing the employees. The dispute centred around the terms and conditions of the proposed enterprise agreement, which was intended to govern the employment relationship between the parties.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act, particularly whether it contained the necessary "protected action provisions" as outlined in section 231 of the Act. The Commission had to determine whether the agreement was made in good faith, whether it provided for the fair and efficient resolution of workplace issues, and whether it included all the mandatory provisions as required by the Act. Additionally, the Commission considered whether the agreement adequately protected the rights of employees and provided a fair and reasonable framework for their employment.

The Commission, after reviewing the application and the proposed agreement, found that it met the necessary criteria for approval. The agreement was deemed to be made in good faith, provided for fair and efficient resolution of workplace issues, and included all mandatory provisions as required by the Act. The Commission was satisfied that the agreement provided a fair and reasonable framework for the employment of the employees and adequately protected their rights. Consequently, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the M&ISS Pty Ltd - O&G Enterprise Agreement 2016, effective from the date of the Commission's decision. The agreement now governs the employment relationship between M&ISS Pty Ltd and the Oil and Gas Workers Union, setting out the terms and conditions of employment for the employees.

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