Monadelphous Engineering Associates Pty Ltd

[2014] FWCA 4102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Monadelphous Engineering Associates Pty Ltd
(AG2014/5740)

MONADELPHOUS ENGINEERING ASSOCIATES PTY LTD DARWIN LNG PLANT COLLECTIVE AGREEMENT 2014

Northern Territory
COMMISSIONER BOOTH	BRISBANE, 20 JUNE 2014

Application for approval of the Monadelphous Engineering Associates Pty Ltd Darwin LNG Plant Collective Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Monadelphous Engineering Associates Pty Ltd Darwin LNG Plant Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Monadelphous Engineering Associates Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[4] The following employee organisations who are bargaining representatives for the Agreement have given notices under s.183 of the Act that they want the Agreement to cover them, the:

• Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU);

• Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; and

• Construction, Forestry, Mining and Energy Union.

In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2014. The nominal expiry date of the Agreement is 19 June 2018.

COMMISSIONER

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 a collective agreement concerning the Darwin LNG Plant. The applicants were employers and the respondents were employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The nature of the dispute involved the terms and conditions of employment for the employees, including wages, hours of work, and other employment-related matters.

The legal issues before the court included whether the agreement provided for a fair and reasonable outcome for the employees and whether it complied with relevant industrial laws and regulations. The court had to determine if the agreement met the requirements for approval under the Fair Work Act 2009. This included ensuring that the agreement did not undermine the ability of employees to protect their interests and did not discriminate against any group of employees.

The court considered the submissions made by both parties and examined the contents of the agreement. It found that the agreement provided for fair and reasonable outcomes for the employees and complied with relevant industrial laws and regulations. The court noted that the agreement included provisions for wages, hours of work, and other employment-related matters that were fair and reasonable. The court also found that the agreement did not undermine the ability of employees to protect their interests and did not discriminate against any group of employees. Based on these findings, the court approved the agreement.

The final orders of the court were that the Monadelphous Engineering Associates Pty Ltd Darwin LNG Plant Collective Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and published on the Fair Work Commission's website. The court's decision was binding on both parties and could not be challenged except on limited grounds.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established