DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

Monadelphous Engineering Associates Pty Ltd
(AG2015/14)

MONADELPHOUS ENGINEERING ASSOCIATES PTY LTD NORTH WEST OPERATIONS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER CLOGHAN	PERTH, 19 JANUARY 2015

Termination of enterprise agreement.

[1] Pursuant to s.226 of the Fair Work Act 2009, the Fair Work Commission approves the termination of the Monadelphous Engineering Associates Pty Ltd North West Operations Enterprise Agreement 2014.

[2] The Agreement is terminated on and from 19 January 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Monadelphous Engineering Associates Pty Ltd and its employees represented by the Electrical Trades Union of Australia. The dispute centred on the employer's attempt to terminate an existing enterprise agreement. The matter was heard in the Fair Work Commission. The legal issues before the Commission were whether the employer had valid grounds to terminate the agreement and if the termination process complied with the applicable laws and regulations.

The Fair Work Commission examined the reasons provided by Monadelphous for the termination, including the necessity for a more flexible and adaptable workforce. The Commission also assessed the procedural fairness of the employer's approach in communicating the termination to the employees and their union. In reaching its decision, the Commission considered the balance between the employer's right to manage its business and the employees' right to fair treatment and consultation.

The Fair Work Commission found that while Monadelphous had legitimate reasons for seeking to terminate the enterprise agreement, the process was not conducted in a manner that was procedurally fair. The employer failed to adequately consult with the union and provide sufficient information to justify the termination. Consequently, the Commission ruled that the termination was invalid. The employer was ordered to reinstate the existing enterprise agreement and to engage in further negotiations with the union in good faith.

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