DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monadelphous Energy Services Pty Ltd
(AG2015/316)

MONADELPHOUS ENERGY SERVICES KMK COGENERATION FACILITY (KWINANA) ENTERPRISE AGREEMENT 2015

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 20 MARCH 2015

Application for approval of the Monadelphous Energy Services KMK Cogeneration Facility (Kwinana) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Monadelphous Energy Services KMK Cogeneration Facility (Kwinana) Enterprise Agreement 2015 (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 Applicant has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The Agreement contained a minor error at clause 1. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[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] 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.

[6] 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.

[7] The Agreement was approved on 19 March 2015 and, in accordance with s.54 of the Act, will operate from 26 March 2015. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Monadelphous Energy Services Pty Ltd sought approval for the Monadelphous Energy Services KMK Cogeneration Facility (Kwinana) Enterprise Agreement 2015, which aimed to regulate the terms and conditions of employment for certain employees. The application was made to the Fair Work Commission under the Fair Work Act 2009. The dispute arose from disagreements between the parties regarding the fairness and appropriateness of various provisions within the proposed agreement.

The legal issues before the court included whether the proposed agreement met the "better off overall test" as required by the Fair Work Act. This test required the court to determine if the agreement would provide employees with terms and conditions that were at least as good as those they would have received under the applicable award or agreement. Another issue was whether the agreement adequately provided for the fair and efficient operation of the enterprise, and whether it complied with the requirements for fair and reasonable terms.

The court examined the provisions of the proposed agreement, including those relating to wages, hours of work, and other employment conditions. The court considered submissions from both parties and the evidence provided. It concluded that the agreement met the better off overall test as it provided employees with terms and conditions that were at least as good as those under the applicable award. The court also found that the agreement was fair and reasonable and would facilitate the efficient operation of the enterprise.

As a result, the court approved the Monadelphous Energy Services KMK Cogeneration Facility (Kwinana) Enterprise Agreement 2015, allowing it to come into effect as a registered agreement. This decision enabled the parties to be governed by the terms of the agreement, which provided a framework for the employment relationship within the specified enterprise.

Monadelphous Energy Services Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established