Moag Pty Ltd

[2025] FWCA 1907

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Moag Pty Ltd

(AG2025/1660)

MOAG PTY LTD INPEX ONSHORE MAINTENANCE ENTERPRISE AGREEMENT 2025

Oil and gas industry
COMMISSIONER SCHNEIDER	PERTH, 6 JUNE 2025

Application for approval of the MOAG Pty Ltd INPEX Onshore Maintenance Enterprise Agreement 2025

Moag Pty Ltd (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the MOAG Pty Ltd INPEX Onshore Maintenance Enterprise Agreement 2025 (the Agreement).

On the basis of the material contained in the application and accompanying declarations, 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, the Australian Manufacturing Workers’ Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (jointly, the Unions), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they seek to be covered by the Agreement. In accordance with section 201(2) of the Act, and based on the declarations provided by the organisations, I confirm that the Unions are covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 13 June 2025. The nominal expiry date of the Agreement is 6 June 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by MOAG Pty Ltd to the Fair Work Commission (FWC) for the approval of the INPEX Onshore Maintenance Enterprise Agreement 2025. The application was brought under the Fair Work Act 2009, which requires that enterprise agreements meet certain criteria to be approved by the FWC. The legal issues before the Commission were whether the agreement complied with the requirements of the Act and whether it provided for the proper protection of the interests of employees.

The FWC examined whether the agreement contained all the prescribed terms required by the Fair Work Act, including minimum wages and conditions, and whether it had been made genuinely independently of any party. The Commission also considered whether the agreement provided for appropriate mechanisms for dispute resolution and whether it was in the best interests of the employees. After reviewing the submissions and evidence from both parties, the FWC found that the agreement met all the necessary criteria for approval. The Commission noted that the agreement provided for fair wages and conditions and that it had been negotiated in good faith. The FWC also concluded that the agreement contained adequate dispute resolution mechanisms and that it was in the best interests of the employees.

The FWC approved the INPEX Onshore Maintenance Enterprise Agreement 2025, finding that it complied with the requirements of the Fair Work Act and provided for the proper protection of the interests of employees. The FWC noted that the agreement provided for fair wages and conditions and that it had been negotiated in good faith. The FWC also concluded that the agreement contained adequate dispute resolution mechanisms and that it was in the best interests of the employees. The approval of the agreement will provide certainty and stability to the parties and their employees and will help to ensure that they can continue to operate their business effectively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established