DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monadelphous Engineering Associates Pty Ltd
(AG2018/4604)

MONADELPHOUS ENGINEERING ASSOCIATED PTY LTD GOLDFIELDS ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 22 JANUARY 2019

Application for approval of the Monadelphous Engineering Associated Pty Ltd Goldfields Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Monadelphous Engineering Associated Pty Ltd Goldfields Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Monadelphous Engineering Associates Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 22 January 2019 and, in accordance with s.54, will operate from 29 January 2019. The nominal expiry date of the Agreement is 22 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Monadelphous Engineering Associates Pty Ltd and its employees, with the Fair Work Commission (FWC) approving the Goldfields Enterprise Agreement 2018. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The FWC was tasked with ensuring the agreement adhered to provisions concerning bargaining processes, employee representation, and other relevant standards.

The primary legal issues the FWC had to address were whether the agreement was genuinely negotiated and whether it met the procedural and substantive requirements set out in the Fair Work Act. Specifically, the FWC needed to confirm that the agreement was not only made in good faith but also that it was fair and reasonable for all parties involved. Furthermore, the FWC examined whether the agreement provided adequate protection for employees' rights and interests.

The FWC found that the agreement was genuinely negotiated and met all procedural and substantive requirements. It noted that the bargaining process was conducted in good faith and that the agreement was fair and reasonable. The FWC also determined that the agreement provided adequate protection for employees' rights and interests, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. Consequently, the FWC approved the Goldfields Enterprise Agreement 2018.

In summary, the FWC approved the Goldfields Enterprise Agreement 2018, finding it to be genuinely negotiated and compliant with the Fair Work Act. The FWC's decision ensures that the agreement will serve as a binding contract between Monadelphous Engineering Associates Pty Ltd and its employees, providing a framework for their working relationship.

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