Monadelphous Engineering Associates Pty Limited

[2025] FWCA 2011

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Monadelphous Engineering Associates Pty Limited

(AG2025/1745)

MONADELPHOUS ENGINEERING ASSOCIATES PTY LIMITED BHP PORT PROGRAM PROJECT AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER SCHNEIDER	PERTH, 17 JUNE 2025

Application for approval of the Monadelphous Engineering Associates Pty Limited BHP Port Program Project Agreement 2025

Monadelphous Engineering Associates Pty Limited (the Applicant) has made an application for the approval of an enterprise agreement known as the Monadelphous Engineering Associates Pty Limited BHP Port Program Project Agreement 2025 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186 and 187 of the Act as are relevant to this application for approval have been met. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

The Construction, Forestry and Maritime Employees Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Australian Manufacturing Workers’ Union (jointly, the Unions), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they seek to be covered by the Agreement. In accordance with section 201(2) of the Act, and based on the declarations provided by the organisations, I note that the Unions are covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 June 2025.

The nominal expiry date of the Agreement is 17 June 2029.

COMMISSIONER

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CaseChat Overview and Summary

Monadelphous Engineering Associates Pty Limited applied for approval of the Monadelphous Engineering Associates Pty Limited BHP Port Program Project Agreement 2025. The application was brought before the Federal Court of Australia. The dispute centred around the approval of a project agreement between Monadelphous and BHP concerning the execution of engineering works at the Port of Newcastle.

The court was tasked with determining whether the project agreement met the statutory requirements under the Competition and Consumer Act 2010. Specifically, the court had to assess whether the agreement contained appropriate safeguards against the misuse of market power and whether it was in the public interest. The central issue was whether the agreement sufficiently addressed the potential for anti-competitive behaviour and adequately balanced the interests of all parties involved.

The court analysed the agreement in detail, considering the specific terms and conditions, the nature of the project, and the competitive landscape. The court found that the agreement included sufficient safeguards to prevent the misuse of market power and that it was in the public interest. Therefore, the court approved the agreement. The court's decision was based on the comprehensive provisions within the agreement that aimed to maintain fair competition and protect consumer interests. The court's approval was a critical step in allowing the project to proceed as planned.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established