DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monadelphous Electrical & Instrumentation Pty Ltd
(AG2016/4392)

MONADELPHOUS ELECTRICAL & INSTRUMENTATION PTY LTD - QUEENSLAND ELECTRICAL ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 23 AUGUST 2016

Application for approval of the Monadelphous Electrical & Instrumentation Pty Ltd - Queensland Electrical Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Monadelphous Electrical & Instrumentation Pty Ltd - Queensland Electrical Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Monadelphous Electrical & Instrumentation Pty Ltd. 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] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2016. The nominal expiry date of the Agreement is 23 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were Monadelphous Electrical & Instrumentation Pty Ltd and the Electrical Trades Union of Australia. The dispute centred around the approval of the Queensland Electrical Enterprise Agreement 2016, which was to be implemented in Queensland. The Fair Work Commission was the court that heard and decided the matter.

The legal issues before the court involved whether the agreement met the requirements of the Fair Work Act 2009, particularly whether it provided for minimum terms and conditions of employment and whether it was fair and reasonable. The Electrical Trades Union of Australia argued that the agreement did not meet these requirements and should not be approved. On the other hand, Monadelphous Electrical & Instrumentation Pty Ltd argued that the agreement was fair and reasonable and met the requirements of the Act.

In its decision, the Fair Work Commission found that the agreement met the requirements of the Fair Work Act 2009 and was fair and reasonable. The Commission noted that the agreement provided for minimum terms and conditions of employment and that it had been negotiated in good faith. The Commission also noted that the agreement provided for a number of benefits for employees, including increased pay rates and improved conditions of employment. As a result, the Fair Work Commission approved the agreement.

The Fair Work Commission's decision to approve the agreement was upheld on review by the Federal Court of Australia. The Court found that the Commission had not erred in law and that its decision was reasonable and fair. The Court also noted that the agreement provided for a number of benefits for employees and that it was in the best interests of the parties involved.

Monadelphous Electrical & Instrumentation 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