| [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
<AE528677 PR786131>
- AGLC
- M&ISS Pty Ltd [2025] FWCA 1260
- Case
- [2025] FWCA 1260
- Decision Date
CaseChat Overview and Summary
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.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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