Monadelphous Engineering Associates Pty Ltd

[2018] FWCA 4456

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Monadelphous Engineering Associates Pty Ltd

(AG2018/3127)

Monadelphous Engineering Associates Pty Ltd (Woodside) Onshore Enterprise Agreement 2018

Oil and gas industry
Commissioner Johns	SYDNEY, 30 JULY 2018

Application for approval of the Monadelphous Engineering Associates Pty Ltd (Woodside) Onshore Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Monadelphous Engineering Associates Pty Ltd (Woodside) Onshore 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.

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.

Subject to the undertakings referred to above, 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.

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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2018. The nominal expiry date of the Agreement is 29 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Monadelphous Engineering Associates Pty Ltd (Woodside) Onshore Enterprise Agreement 2018. The agreement was brought forward by the employer, Monadelphous Engineering Associates Pty Ltd, and the union, United Voice. The dispute centred on the terms and conditions of employment for workers within the Woodside Onshore enterprise, seeking to determine whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The legal issues before the court required examination of the fairness and compliance of the proposed agreement with the legislative framework. Specifically, the court had to determine if the agreement was genuinely bargained, if it covered the appropriate employees, and whether it complied with the Fair Work Act's provisions regarding minimum entitlements and the protection of employees' rights. The court also needed to assess whether the agreement provided for an appropriate balance between the parties' interests and whether it was in the best interests of the employees.

In its decision, the Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The court considered the process of bargaining, finding that it was genuine and that the agreement reflected the input of both parties. It was determined that the agreement covered the appropriate employees and provided for fair terms and conditions of employment. The Commission also concluded that the agreement did not adversely affect the employees' minimum entitlements and provided for adequate protections. Ultimately, the court found that the agreement was in the best interests of the employees and approved the application for the agreement's registration.

As a result of the court's decision, the Monadelphous Engineering Associates Pty Ltd (Woodside) Onshore Enterprise Agreement 2018 was approved and registered under the Fair Work Act 2009. The agreement will now serve as the governing document for the terms and conditions of employment for the employees within the Woodside Onshore enterprise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established