DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monadelphous Energy Services Pty Ltd
(AG2021/6762)

MONADELPHOUS ENERGY SERVICES COLLIE BASIN COAL INFRASTRUCTURE OPERATIONS AND MAINTENANCE ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 8 SEPTEMBER 2021

Application for approval of the Monodephous Energy Service Collie Basin Coal Infastructure Operations and Maintenance Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Monodephous Energy Service Collie Basin Coal Infastructure Operations and Maintenance Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Monadelphous Energy Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Mining and Energy Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2021. The nominal expiry date of the Agreement is 7 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Monadelphous Energy Services Pty Ltd applied to the Fair Work Commission for approval of the Monodephous Energy Service Collie Basin Coal Infrastructure Operations and Maintenance Enterprise Agreement 2021. The applicants sought to have the agreement, which was to apply to employees working in the Collie Basin coal infrastructure operations and maintenance, approved as a safety net agreement. The respondents, the employees, did not oppose the application but submitted that the agreement should be approved with an amendment to the definition of ‘Shift’ to better reflect the work practices of the employees.

The legal issue before the Commission was whether the agreement should be approved as a safety net agreement, given that the respondents did not oppose the application but submitted an amendment to the agreement. The Commission found that the agreement, as submitted, provided for a fair and effective system of regulating the employment of the employees and that the amendment sought by the respondents would not have a significant adverse effect on the agreement as a whole. The Commission approved the agreement as a safety net agreement with the amendment to the definition of ‘Shift’.

The Fair Work Commission approved the Monodephous Energy Service Collie Basin Coal Infrastructure Operations and Maintenance Enterprise Agreement 2021 as a safety net agreement with the amendment to the definition of ‘Shift’. The Commission found that the agreement provided for a fair and effective system of regulating the employment of the employees and that the amendment sought by the respondents would not have a significant adverse effect on the agreement as a whole. The Commission’s decision was final and binding, and no further application for approval of the agreement was necessary.

Monadelphous Energy 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