DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monadelphous Energy Services Pty Ltd
(AG2016/5859)

MONADELPHOUS ENERGY SERVICES KMK COGENERATION FACILITY (KWINANA) ENTERPRISE AGREEMENT 2016

Electrical power industry
COMMISSIONER CIRKOVIC	MELBOURNE, 13 OCTOBER 2016

Application for approval of the Monadelphous Energy Services KMK Cogeneration Facility (Kwinana) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Monadelphous Energy Services KMK Cogeneration Facility (Kwinana) 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 Australian Municipal, Administrative, Clerical and Services Union 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 organisation.

[4] The Agreement was approved on 13 October 2016 and, in accordance with s.54, will operate from 20 October 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Monadelphous Energy Services Pty Ltd sought approval of the Monadelphous Energy Services KMK Cogeneration Facility (Kwinana) Enterprise Agreement 2016 in the Fair Work Commission. The application was opposed by the Electrical Trades Union of Australia and the Electrical and Electronic Workers Union of Australia, who argued that the agreement did not meet the standards required by the Fair Work Act 2009. The applicants contended that the agreement was appropriate and should be approved.

The central legal issues before the court were whether the agreement contained terms that were fair and reasonable and whether the agreement complied with the statutory requirements for approval. This included examining the provisions of the agreement against the criteria set out in the Fair Work Act, particularly regarding minimum entitlements and the balance of rights and obligations.

The Fair Work Commission found that the agreement was fair and reasonable, and that it complied with the statutory requirements. The commission noted that the agreement provided for fair and reasonable terms and conditions, and that it did not disadvantage employees. The commission also found that the agreement was not inconsistent with any relevant award or registered agreement, and that it provided for the minimum entitlements required by the Fair Work Act. The commission approved the agreement, finding that it met the criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Monadelphous Energy Services KMK Cogeneration Facility (Kwinana) Enterprise Agreement 2016, finding that it was fair and reasonable and complied with the statutory requirements for approval. The agreement provides for minimum entitlements and a balance of rights and obligations, and is not inconsistent with any relevant award or registered agreement.

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