Mizco Pty Ltd

[2021] FWCA 6329

[2021] FWCA 6329

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mizco Pty Ltd
(AG2021/7547)

MIZCO PTY LTD INPEX OFFSHORE ENTERPRISE AGREEMENT 2021-2025

Oil and gas industry
COMMISSIONER MATHESON	SYDNEY, 18 OCTOBER 2021

Application for approval of the MIZCO Pty Ltd Inpex Offshore Enterprise Agreement 2021-2025.

[1] An application has been made for approval of an enterprise agreement known as the MIZCO Pty Ltd Inpex Offshore Enterprise Agreement 2021-2025 (Agreement). The application was made by Mizco Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] The Agreement is signed by the Australian Workers’ Union. The Australian Workers’ Union also filed a Form F18 in relation to the application.

[3] On 13 October 2021 a hearing was held, and the Commission sought to clarify whether the Australian Workers’ Union was a bargaining representative for the Agreement. During the hearing the parties submitted that the Australian Workers’ Union was a bargaining representative for the Agreement. Having considered the views of the parties, I requested that the Australian Workers’ Union provide evidence of this on a confidential basis to my Chambers.

[4] The Australian Workers’ Union subsequently provided a list of members employed by Mizco Pty Ltd and who will perform work covered by the Agreement to my Chambers. The email of the Australian Workers’ Union to my Chambers containing the details of these members is the subject of a Confidentiality Order [PR735019] issued on 18 October 2021. Having considered the submissions of the parties and having compared the materials filed by the Australian Workers’ Union with the Applicant’s materials filed with the Commission, I am satisfied that the Australian Workers’ Union was a bargaining representative for the Agreement.

[5] On the basis of the materials before the Commission, I am also satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

[6] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.  In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2021. The nominal expiry date of the Agreement is four years from the date of approval.

COMMISSIONER

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