DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monadelphous Engineering Associates Pty Ltd
(AG2017/3067)

MONADELPHOUS ENGINEERING ASSOCIATES PTY LTD OLYMPIC DAM OPERATIONS ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 NOVEMBER 2017

Application for approval of the Monadelphous Engineering Associates Pty Ltd Olympic Dam Operations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Monadelphous Engineering Associates Pty Ltd Olympic Dam Operations Enterprise Agreement 2017 (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 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.

[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 Agreement was approved on 20 November 2017 and, in accordance with s.54, will operate from 27 November 2017. The nominal expiry date of the Agreement is 20 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Monadelphous Engineering Associates Pty Ltd, the Fair Work Commission was tasked with approving the Olympic Dam Operations Enterprise Agreement 2017. This decision arose from the application by the employer to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The agreement in question concerned the employment conditions for workers within the Olympic Dam operations, a significant mining and mineral processing facility.

The central legal issues the Commission had to address included whether the agreement met the statutory requirements for approval, such as ensuring it was a genuine enterprise agreement, whether it provided for the appropriate processes for the resolution of employee disputes, and whether it complied with the good faith bargaining provisions. Additionally, the Commission had to consider whether the agreement provided for adequate protections for employees, including provisions for minimum wages, leave entitlements, and other conditions of employment.

The Fair Work Commission carefully examined the provisions of the agreement and the process through which it was negotiated. It found that the agreement was genuinely negotiated and contained provisions that were fair and reasonable for the employees. The Commission also noted the inclusion of appropriate dispute resolution mechanisms and compliance with the good faith bargaining requirements. After thorough consideration, the Commission approved the agreement, recognising it as a registered agreement. The decision underscores the importance of ensuring that enterprise agreements provide fair and balanced terms for both employers and employees while adhering to the statutory framework.

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