Monadelphous Engineering Associates Pty Ltd

[2015] FWCA 5601
DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Monadelphous Engineering Associates Pty Ltd
(AG2015/3521)
MONADELPHOUS ENGINEERING ASSOCIATES PTY LTD ICHTHYS
OFFSHORE HOOK-UP AND COMMISSIONING GREENFIELDS
AGREEMENT 2015
Building, metal and civil construction industries

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 14 AUGUST 2015
Application for approval of the Monadelphous Engineering Associates Pty Ltd Ichthys
Offshore Hook-Up and Commissioning Greenfields Agreement 2015.
[1] An application has been made for approval of an enterprise agreement known as the

Monadelphous Engineering Associates Pty Ltd Ichthys Offshore Hook-Up and
Commissioning Greenfields Agreement 2015. The application was made pursuant to s.185 of
the Fair Work Act 2009 (Act). It has been made by Monadelphous Engineering Associates
Pty Ltd. The Agreement is a greenfields agreement.
[2] 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 and 187 of the Act, as are
relevant to this application for approval have been met.
[3] Based on statutory declaration provided by the organisation, I am satisfied that the

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied
Services Union of Australia, The Australian Workers’ Union West Australian Branch and the
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the
Australian Manufacturing Workers’ Union the employee organisations to be covered by the
agreement, 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 them. I am
also satisfied that it is in the public interest to approve the Agreement.
[2015] FWCA 5601
[4] The Agreement was approved on 14 August 2015 and, in accordance with s.54, will

operate from 21 August 2015. The nominal expiry date of the Agreement is 30 April 2018.
DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Monadelphous Engineering Associates Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement titled the Monadelphous Engineering Associates Pty Ltd Ichthys Offshore Hook-Up and Commissioning Greenfields Agreement 2015. The agreement was intended to cover employees involved in the Ichthys project and was submitted under the provisions of the Fair Work Act 2009. The Deputy President, Gostencnik, was responsible for making the decision.

The central legal issues for the Deputy President to address were whether the agreement met the requirements under sections 186 and 187 of the Fair Work Act 2009, and whether the employee organisations were entitled to represent the majority of employees covered by the agreement. Additionally, the Deputy President had to determine if approving the agreement was in the public interest.

Upon reviewing the application and the statutory declaration provided, the Deputy President concluded that all relevant requirements under sections 186 and 187 of the Act were satisfied. The Deputy President also determined that the unions involved—the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, The Australian Workers’ Union West Australian Branch, and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union—were entitled to represent the majority of employees under the agreement. Furthermore, the Deputy President found that approving the agreement was in the public interest.

The Fair Work Commission approved the agreement on 14 August 2015, and it came into effect on 21 August 2015. The agreement's nominal expiry date is set for 30 April 2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established