DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monadelphous Engineering Associates Pty Ltd
(AG2016/6538)

MONADELPHOUS ENGINEERING ASSOCIATES PTY LTD BP REFINERY (KWINANA) SITE ELECTRICAL AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 14 DECEMBER 2016

Application for approval of the Monadelphous Engineering Associates Pty Ltd BP Refinery (Kwinana) Site Electrical Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Monadelphous Engineering Associates Pty Ltd BP Refinery (Kwinana) Site Electrical Agreement 2016 (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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 14 December 2016 and, in accordance with s.54, will operate from 21 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Monadelphous Engineering Associates Pty Ltd sought approval for a workplace agreement with BP Refinery (Kwinana) employees. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009. The Fair Work Commission heard the matter. The primary legal issue was whether the agreement complied with the statutory provisions for a modern award. Specifically, the Commission needed to determine if the agreement sufficiently covered all relevant terms and conditions, and if it provided for a fair and efficient workplace.

The Fair Work Commission evaluated the agreement against the legislative criteria set out in the Fair Work Act. The Commission considered whether the agreement was a genuine bargain between the parties and if it met the requirements for coverage, including the nature of the work, the classification of employees, and the terms and conditions of employment. The Commission also examined whether the agreement included provisions for dispute resolution and allowed for variations by the parties. After a thorough review, the Commission concluded that the agreement was a genuine bargain and met the necessary legislative criteria.

The Fair Work Commission approved the agreement, finding it to be a genuine bargain and compliant with the Fair Work Act. The Commission determined that the agreement covered all relevant terms and conditions, provided for an efficient workplace, and included appropriate provisions for dispute resolution. The decision was based on the evidence presented and the legal framework provided by the Fair Work Act. The Commission's approval of the agreement allowed for its implementation, providing a clear and effective framework for the employment relationship between Monadelphous Engineering Associates Pty Ltd and the BP Refinery (Kwinana) 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