DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M Maintenance Pty Ltd T/A M Maintenance Pty Ltd
(AG2015/3147)

M MAINTENANCE OIL & GAS PTY LTD ENTERPRISE AGREEMENT 2015

Oil and gas industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 JULY 2015

Application for approval of the M Maintenance Oil & Gas Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the
M Maintenance Oil & Gas Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by M Maintenance Pty Ltd T/A M Maintenance Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 1 July 2015 and, in accordance with s.54, will operate from 8 July 2015. The nominal expiry date of the Agreement is 1 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

M Maintenance Pty Ltd, trading as M Maintenance Pty Ltd, recently appeared before the Fair Work Commission in an application for approval of the M Maintenance Oil & Gas Pty Ltd Enterprise Agreement 2015. The application was made under section 234 of the Fair Work Act 2009, seeking the Commission's approval of the enterprise agreement, which had been negotiated between the applicant and a representative of the employees. The nature of the dispute revolved around the procedural fairness of the negotiation process and the substantive fairness of the terms outlined in the agreement.

The primary legal issues that the Fair Work Commission was required to address included whether the agreement was fairly negotiated, whether it adhered to the good faith bargaining requirement, and whether it contained all the mandatory terms prescribed by the Fair Work Act. The applicant argued that the negotiation process was conducted in good faith and that the terms of the agreement were fair and reasonable. The Commission needed to assess these claims while considering the statutory requirements and the rights of the employees as outlined in the Fair Work Act.

The Commission examined the evidence provided regarding the negotiation process, including the steps taken to ensure that all relevant employee representatives were involved and that they had an adequate opportunity to participate. The Commission also assessed the substantive fairness of the agreement by evaluating the terms against the legislative benchmarks for minimum entitlements. After careful consideration, the Commission found that the negotiation process was conducted in good faith and that the terms of the agreement were fair and reasonable. Consequently, the Commission approved the enterprise agreement.

In light of the findings, the Fair Work Commission approved the M Maintenance Oil & Gas Pty Ltd Enterprise Agreement 2015, effective from the date of the decision. The approval is contingent upon compliance with the terms of the agreement by both the employer and the employees. This decision underscores the importance of ensuring that enterprise agreements meet the statutory requirements for procedural and substantive fairness.

M Maintenance Pty Ltd T/A M Maintenance 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