M Maintenance Services Pty Ltd

[2023] FWCA 891

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

M Maintenance Services Pty Ltd

(AG2023/638)

M MAINTENANCE SERVICES PTY LTD INPEX OFFSHORE MAINTENANCE ENTERPRISE AGREEMENT 2023

Oil and gas industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 MARCH 2023

Application for approval of the M Maintenance Services Pty Ltd INPEX Offshore Maintenance Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the M Maintenance Services Pty Ltd INPEX Offshore Maintenance Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, each being a bargaining representative for the Agreement, have given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 31 March 2023. The nominal expiry date of the Agreement is 23 March 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the M Maintenance Services Pty Ltd INPEX Offshore Maintenance Enterprise Agreement 2023. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and was suitable for registration. The applicant, M Maintenance Services Pty Ltd, sought to have the agreement approved for the employees working in the offshore maintenance sector.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the Commission needed to assess if the agreement had been fairly and appropriately negotiated, if it contained the necessary minimum terms and conditions, and if it provided for a fair and efficient means of resolving disputes between the parties.

The Fair Work Commission found that the agreement had been negotiated in good faith and contained all the required minimum terms and conditions. The Commission was satisfied that the process followed was fair and that the agreement was suitable for registration. The Commission noted that the agreement included provisions for the resolution of disputes and the protection of employee rights, and that it provided for a fair and efficient means of addressing any issues that may arise in the future.

The Fair Work Commission approved the M Maintenance Services Pty Ltd INPEX Offshore Maintenance Enterprise Agreement 2023, subject to certain conditions. These conditions included the requirement for the agreement to be reviewed and updated every three years, and for any changes to be negotiated in good faith. The Commission also required that any disputes arising under the agreement be resolved through the agreed dispute resolution process, and that the parties make a good faith effort to reach a resolution.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established