DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monadelphous Energy Services Pty Ltd
(AG2016/7829)

MONADELPHOUS ENERGY SERVICES COLLIE BASIN COAL INFRASTRUCTURE OPERATIONS AND MAINTENANCE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 MARCH 2017

Application for approval of the Monadelphous Energy Services Collie Basin Coal Infrastructure Operations and Maintenance Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Monadelphous Energy Services Collie Basin Coal Infrastructure Operations and Maintenance 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 Energy Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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 (AMWU) 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 these organisations.

[4] The Agreement was approved on 3 March 2017 and, in accordance with s.54, will operate from 10 March 2017. The nominal expiry date of the Agreement is 2 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Monadelphous Energy Services Pty Ltd recently faced a legal challenge in the Fair Work Commission concerning the approval of the Monadelphous Energy Services Collie Basin Coal Infrastructure Operations and Maintenance Enterprise Agreement 2016. The dispute arose between the company and its employees, who were seeking the formal approval of their workplace agreement.

The central legal issues before the court involved whether the agreement met the necessary standards and requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement fairly represented the interests of the employees and whether it contained appropriate minimum terms and conditions of employment. The court also needed to assess whether the agreement was made in good faith and whether it complied with procedural fairness requirements.

In examining the agreement, the court found that it met all the necessary criteria under the Fair Work Act. The agreement was deemed to be made in good faith, and it contained the required minimum terms and conditions. Furthermore, the court determined that the agreement fairly represented the interests of the employees, and it complied with procedural fairness requirements. Consequently, the court approved the enterprise agreement.

The court’s decision was based on a comprehensive review of the agreement, taking into account the specific circumstances of the parties involved. The final orders of the court approved the Monadelphous Energy Services Collie Basin Coal Infrastructure Operations and Maintenance Enterprise Agreement 2016, ensuring that it would be legally binding and enforceable.

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