Monadelphous Electrical & Instrumentation Pty Ltd Summary

[2022] FWCA 2780

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Monadelphous Electrical & Instrumentation Pty Ltd

(AG2022/3118)

ME&I Gladstone Area Enterprise Agreement 2022

Electrical contracting industry
COMMISSIONER SPENCER	BRISBANE, 16 AUGUST 2022

Application for approval of the ME&I Gladstone Area Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the ME&I Gladstone Area Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Monadelphous Electrical & Instrumentation Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, 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.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) I note that the Agreement covers the CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2022. The nominal expiry date of the Agreement is 23 August 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Monadelphous Electrical & Instrumentation Pty Ltd sought approval of the ME&I Gladstone Area Enterprise Agreement 2022, with the Fair Work Commission hearing the application. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning minimum entitlements, procedural fairness, and the interests of employees. The Commission was required to determine if the agreement was made in good faith, and if it provided for minimum terms and conditions, and did not adversely affect the interests of employees.

The central legal issues involved assessing whether the agreement was appropriately negotiated, if it complied with the mandatory minimum entitlements, and if it was free from any procedural unfairness. Additionally, the Commission had to consider whether the agreement adequately protected the rights and interests of the employees involved. The application hinged on whether the negotiation process was conducted fairly and in good faith, and if the terms of the agreement met the statutory requirements.

The Commission found that the agreement was appropriately negotiated and met the statutory requirements. The process was conducted in good faith, and the agreement provided for the mandated minimum terms and conditions. The Commission was satisfied that the agreement did not adversely affect the interests of employees, and that it complied with all relevant provisions of the Fair Work Act 2009. Consequently, the application for approval of the ME&I Gladstone Area Enterprise Agreement 2022 was approved.

The Fair Work Commission ordered that the ME&I Gladstone Area Enterprise Agreement 2022 be approved as a registered agreement, effective from the date of the Commission's decision. This decision was based on the finding that the agreement was made in good faith, met the statutory requirements, and did not adversely affect the interests of employees.

Monadelphous Electrical & Instrumentation Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established