DECISION

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

Monadelphous Electrical & Instrumentation Pty Ltd
(AG2014/10664)

MONADELPHOUS ELECTRICAL & INSTRUMENTATION PTY LTD - QUEENSLAND ELECTRICAL ENTERPRISE AGREEMENT 2014

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 16 DECEMBER 2014

Application for approval of the Monadelphous Electrical & Instrumentation Pty Ltd - Queensland Electrical Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Monadelphous Electrical & Instrumentation Pty Ltd - Queensland Electrical Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 22 December 2014. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Australian Industrial Relations Commission involved Monadelphous Electrical & Instrumentation Pty Ltd and its employees. The primary dispute was the approval of the Queensland Electrical Enterprise Agreement 2014, which was proposed to be made a registered agreement under the Fair Work Act 2009. The application was made by Monadelphous, and the Fair Work Commission, acting as the Australian Industrial Relations Commission, was tasked with assessing the application.

The legal issues that arose centred around whether the proposed agreement met the criteria for registration under the Fair Work Act. Specifically, the Commission had to determine if the agreement contained all the mandatory terms prescribed by the Act and if it was made in good faith. Additionally, the Commission had to consider if the agreement complied with the requirements for direct registration, including that it was free from any term that would have the effect of undermining the operation of the safety net provided by the Act.

The Commission found that the agreement contained all the mandatory terms and was made in good faith. It also determined that the agreement did not undermine the safety net provisions and was therefore eligible for direct registration. The Commission approved the application, allowing the agreement to be registered. This decision was based on the evidence presented and the legal framework provided by the Fair Work Act.

The final orders of the Commission were that the Queensland Electrical Enterprise Agreement 2014 be approved and registered as a registered agreement under the Fair Work Act. The agreement was to take effect from the date of registration, binding both Monadelphous and its employees.

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