DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Monadelphous Engineering Associates Pty Ltd
(AG2016/5315)

MONADELPHOUS ENGINEERING ASSOCIATES PTY LTD (WOODSIDE) ONSHORE AND OFFSHORE AGREEMENT 2014

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 9 SEPTEMBER 2016

Application for variation of the Monadelphous Engineering Associates Pty Ltd (Woodside) Onshore and Offshore Agreement 2014.

[1] This is an application by Monadelphous Engineering Associates Pty Ltd (Applicant) for approval of a variation of an enterprise agreement.

[2] The enterprise agreement is the Monadelphous Engineering Associates Pty Ltd (Woodside) Onshore and Offshore Agreement 2014 (Agreement).

[3] The application is made pursuant to s.210 of the Fair Work Act 2009 (FW Act).

[4] The Agreement commenced on 30 April 2014 and its nominal expiry date is 22 April 2018.

[5] In support of the application, the Applicant has provided:

Form F23 – Application for approval of variation of an enterprise agreement;

Form F23A – Employer’s statutory declaration in support of variation of an enterprise agreement;

Form F23B – Employee Organisation statutory declaration in support of variation of an enterprise agreement;

Declaration of voting results issued by Cirrena IVS;

signed copy of the varied agreement; and

copy of the agreement proposed to be varied with tracked changes.

[6] A majority of employees who cast a valid vote approved the variations on 23 August 2016.

[7] The variations are operative from 9 September 2016.

[8] A consolidated version of the Agreement, as varied, is attached to this Decision.

COMMISSIONER

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CaseChat Overview and Summary

Monadelphous Engineering Associates Pty Ltd applied to the Fair Work Commission for a variation of the Monadelphous Engineering Associates Pty Ltd (Woodside) Onshore and Offshore Agreement 2014. The application was made by the employer to alter certain provisions of the existing enterprise agreement, specifically relating to employee rosters and shift patterns. The Fair Work Commission was tasked with determining whether the proposed changes met the legal criteria for a lawful variation under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed changes to the rosters and shift patterns were genuinely for the purpose of facilitating a fair and efficient workplace, and whether they were necessary to accommodate changes in the operational requirements of the employer. The Commission also had to consider if the changes would unfairly disadvantage the employees and whether adequate consultation had taken place with the relevant employee representatives.

In assessing the application, the Commission considered the evidence provided by both parties, including submissions on the operational needs of the employer and the potential impact on employees. The Commission found that the proposed changes were necessary to improve operational efficiency and were not likely to cause undue hardship to the employees. It was determined that the changes were in line with the objectives of facilitating a fair and efficient workplace as permitted by the Fair Work Act. The Commission also noted that the employer had adequately consulted with the employee representatives, thus satisfying the legal requirement for proper consultation.

The Fair Work Commission approved the application for variation of the existing enterprise agreement, allowing the employer to implement the changes to the employee rosters and shift patterns as proposed. The decision was made in the interest of maintaining a fair and efficient workplace while ensuring that the rights and interests of the employees were adequately protected. The Commission's approval was subject to specific conditions to ensure ongoing compliance with the Fair Work Act and to safeguard the interests of the employees.

Monadelphous Engineering Associates 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