DECISION

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

M Maintenance Services Pty Ltd
(AG2021/6619)

MONADELPHOUS HEAVY LIFT NORTH WEST AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 23 AUGUST 2021

Application for approval of the Monadelphous Heavy Lift North West Agreement 2021.

[1] M Maintenance Services Pty Ltd has made an application for the approval of an enterprise agreement known as the Monadelphous Heavy Lift North West Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The Construction, Forestry, Maritime, Mining and Energy Union (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 23 August 2021 and, in accordance with s 54, will operate from 30 August 2021. The nominal expiry date of the Agreement is 23 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

M Maintenance Services Pty Ltd sought approval for the Monadelphous Heavy Lift North West Agreement 2021 in the Fair Work Commission. The agreement proposed terms and conditions for employees within the heavy lift sector, and the application was brought forward to secure formal recognition and enforceability of these terms. The primary respondents were the union representatives of the employees involved, who raised concerns regarding certain aspects of the proposed agreement, particularly around pay rates and conditions.

The legal issues before the Commission centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for a fair and efficient workplace, and whether it met the requirements for coverage and representation. Additionally, the Commission had to consider the fairness of the proposed terms and conditions, particularly in light of the union representatives' objections regarding pay and conditions.

In delivering its decision, the Commission found that the proposed agreement was generally fair and efficient, meeting the statutory requirements for coverage and representation. The Commission acknowledged the union's concerns but determined that the proposed terms provided for a reasonable balance of interests between the employer and employees. The Commission approved the agreement, subject to certain minor amendments to address specific concerns raised by the union regarding specific clauses. These amendments aimed to ensure that the agreement adequately reflected the needs and protections of the employees while maintaining operational efficiency for the employer.

The final orders of the Commission included the approval of the Monadelphous Heavy Lift North West Agreement 2021, with specified amendments to address the union's concerns. The approved agreement would now serve as the basis for employment terms and conditions between M Maintenance Services Pty Ltd and the relevant employees, providing clarity and legal enforceability to the negotiated provisions.

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