Monadelphous Engineering Associates Pty Ltd

[2024] FWCA 4707

[2024] FWCA 4707

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Monadelphous Engineering Associates Pty Ltd

(AG2024/4818)

MEA PTY LTD OFFSHORE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER LIM	PERTH, 31 DECEMBER 2024

Application for approval of the MEA Pty Ltd Offshore Agreement 2024.

1. Monadelphous Engineering Associates Pty Ltd (the Applicant) has made an application for the approval of a greenfields agreement known as the MEA Pty Ltd Offshore Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act).

1. The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

1. This greenfields agreement meets the requirements of s 172(2)(b) of the Act. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 190 of the Act as are relevant to this application for approval have been met.

1. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) and The Australian Workers’ Union (the AWU) (together, the organisations) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

1. Pursuant to ss 53(2)(b) and 201(2A) of the Act, I note the Agreement was made with the organisations and that the Agreement covers them.

1. The Agreement was approved on 31 December 2024 and, in accordance with s 54, will operate from 7 January 2025. The nominal expiry date of the Agreement is 1 June 2028.

COMMISSIONER

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Annexure A