DECISION

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

M Maintenance Services Pty Ltd
(AG2019/4438)

M MAINTENANCE SERVICES PTY LTD INPEX OFFSHORE MAINTENANCE ENTERPRISE AGREEMENT 2019

Oil and gas industry
COMMISSIONER WILLIAMS	PERTH, 15 JANUARY 2020

Application for approval of the M Maintenance Services Pty Ltd INPEX Offshore Maintenance Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the M Maintenance Services Pty Ltd INPEX Offshore Maintenance Enterprise Agreement 2019 (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 Services 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union, The Australian Workers' Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2020. The nominal expiry date of the Agreement is 30 June 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

M Maintenance Services Pty Ltd recently had its application for approval of the M Maintenance Services Pty Ltd INPEX Offshore Maintenance Enterprise Agreement 2019 considered in the Fair Work Commission. The applicant sought to have the agreement, which establishes terms and conditions of employment for its workers, registered and approved under the Fair Work Act 2009. The dispute primarily concerned the fairness and compliance of the agreement with statutory requirements.

The legal issues before the Commission included whether the agreement had been genuinely bargained between the parties and whether it met the standard criteria for approval, including fairness, coverage, and procedural fairness. Additionally, the Commission had to ensure that the agreement did not contravene any legislative provisions or fundamental employment rights.

The Commission thoroughly reviewed the evidence presented by both parties, assessing the negotiation process and the contents of the agreement. It considered the nature of the enterprise, the bargaining positions of the parties, and the terms and conditions outlined in the agreement. The Commission concluded that the agreement had been genuinely negotiated and met the statutory requirements for approval. The terms were deemed fair, the coverage was appropriate, and the procedural fairness was maintained throughout the bargaining process. Consequently, the Commission approved the application, allowing the agreement to be registered and enforceable.

The final orders included the approval and registration of the M Maintenance Services Pty Ltd INPEX Offshore Maintenance Enterprise Agreement 2019, effective from the date of the decision. This decision ensures that the terms and conditions set out in the agreement are legally binding on the parties involved.

M Maintenance Services 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