DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Measurement Control Engineering Pty Ltd
(AG2015/459)

MEASUREMENT CONTROL ENGINEERING PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 MARCH 2015

Application for approval of the Measurement Control Engineering Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Measurement Control Engineering Pty Ltd Wheatstone Project Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Measurement Control Engineering Pty Ltd. The Agreement is a greenfields agreement.

[2] An undertaking has been given in relation to clauses 30 and 33 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union (Western Australian Branch), the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[6] The Agreement was approved on 18 March 2015 and, in accordance with s.54, will operate from 25 March 2015. The nominal expiry date of the Agreement is 17 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

In the case of Measurement Control Engineering Pty Ltd, the matter was brought before the Federal Court of Australia. The applicant, Measurement Control Engineering, sought approval of the Wheatstone Project Agreement 2015, a significant agreement that outlines the terms and conditions of the Wheatstone Project. The court's task was to determine whether the proposed agreement complied with the necessary legal and procedural requirements, and if it was fair and reasonable for all parties involved.

The central legal issue in this case was whether the agreement in question complied with the applicable provisions of the Fair Work Act 2009, particularly section 233, which governs the approval of enterprise agreements. The court needed to assess whether the agreement met the necessary criteria for approval, including the provisions related to the rights and obligations of the parties, the scope of the agreement, and the fairness of the terms and conditions.

The court carefully examined the Wheatstone Project Agreement 2015 and considered the relevant provisions of the Fair Work Act 2009. It found that the agreement met the necessary requirements for approval. The court noted that the agreement contained provisions that protected the rights and interests of both the employer and the employees, and that it complied with the procedural requirements for approval. The court was satisfied that the agreement was fair and reasonable, and therefore granted approval for the Wheatstone Project Agreement 2015.

As a result of the court's decision, the Wheatstone Project Agreement 2015 was approved, allowing the project to proceed under the agreed terms and conditions. This decision ensures that the rights and interests of both the employer and the employees are protected, and that the project can move forward in a fair and reasonable manner. The court's approval of the agreement demonstrates its commitment to upholding the principles of the Fair Work Act 2009 and ensuring that all parties involved in the Wheatstone Project are treated fairly and equitably.

Measurement Control Engineering Pty Ltd

DECISION

APPENDIX A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established