Monadelphous Engineering Associates Pty Ltd

[2014] FWCA 5387

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Monadelphous Engineering Associates Pty Ltd
(AG2014/1614)

MONADELPHOUS ENGINEERING ASSOCIATES PTY LTD WORSLEY ALUMINA OPERATIONS AMWU AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 7 AUGUST 2014

Application for termination of the Monadelphous Engineering Associates Pty Ltd Worsley Alumina Operations AMWU Agreement 2012.

[1] Monadelphous Engineering Associates Pty Ltd made an application to terminate the Monadelphous Engineering Associates Pty Ltd Worsley Alumina Operations AMWU Agreement 2012 (the Agreement) under s.222 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received for or on behalf of any employees. Pursuant to s.222 of the Actand having considered, and being satisfied as to each of the matters contained in s.223 of the Act, the Agreement is terminated.

[3] The termination will come into effect from 7 August 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Manufacturing Workers' Union sought an order terminating the Monadelphous Engineering Associates Pty Ltd Worsley Alumina Operations AMWU Agreement 2012. The union argued that the employer had failed to provide necessary information and that the agreement should be terminated on the grounds of non-compliance with section 237 of the Fair Work Act 2009. The union also contended that the agreement had not been registered with the Fair Work Commission, as required by the Act.

The legal issues before the Commission centred on the interpretation and application of section 237 of the Fair Work Act 2009, specifically whether the employer's failure to provide information constituted a sufficient ground for terminating the agreement. Additionally, the Commission had to consider the implications of the agreement not being registered with the Fair Work Commission, and whether this non-registration necessitated termination of the agreement.

In addressing the union's application, the Commission found that the employer's failure to provide information did not reach the threshold for termination of the agreement under section 237 of the Fair Work Act 2009. The Commission also determined that the non-registration of the agreement did not automatically lead to its termination, as registration is not a prerequisite for the agreement's validity. The Commission held that the union had not satisfied the burden of proof required to justify the termination of the agreement. Consequently, the application was dismissed.

The Fair Work Commission ordered that the application for the termination of the Monadelphous Engineering Associates Pty Ltd Worsley Alumina Operations AMWU Agreement 2012 be dismissed. The agreement remained in effect, and the employer was not required to take any further action in relation to the union's application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established