M&ISS Pty Ltd [2025] FWCA 1260 (15 April 2025)

[1] M&ISS Pty Ltd ("the Employer") has applied for approval of an enterprise agreement known as the M&ISS Pty Ltd Offshore Maintenance Enterprise Agreement 2025 ("the Agreement"). The Application was made under s.185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.

[2] In light of the foregoing, and after having regard to the Statement of Principles as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of ss.186, 187, and 188 of the Act as are relevant to this application for approval have been met.

[3] Noting clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[4] Each of the following organisations, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement:

(b) Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[5] In accordance with s. 201(2) of the Act, and relying on the organisations' declarations, I note that the Agreement covers each of those organisations.

[6] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 15 April 2029.

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