Monadelphous Engineering Associates Pty Ltd Summary

[2014] FWCA 2486

FAIR WORK COMMISSION

DECISION

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

Monadelphous Engineering Associates Pty Ltd
(AG2014/833)

MONADELPHOUS ENGINEERING ASSOCIATES PTY LTD (WOODSIDE) ONSHORE AND OFFSHORE AGREEMENT 2014

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 23 APRIL 2014

Application for approval of the Monadelphous Engineering Associates Pty Ltd (Woodside) Onshore and Offshore Agreement 2014.

[1] On 9 April 2014, Monadelphous Engineering Associates Pty Ltd made application for approval of a single enterprise agreement to be known as the Monadelphous Engineering Associates Pty Ltd (Woodside) Onshore and Offshore Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 29 March 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union (AWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) have declared that the AMWU, AWU and CEPU were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AMWU, AWU and CEPU support the approval of the Agreement by the Commission and have read and agree with the Employer’s statutory declaration in support of the application, insofar as it is within their knowledge. Finally, the AMWU, AWU and CEPU have given notice that, pursuant to s.183 of the FW Act, they want to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 30 April 2014.

[7] The nominal expiry date of this Agreement is 22 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Monadelphous Engineering Associates Pty Ltd applied for the approval of the Monadelphous Engineering Associates Pty Ltd (Woodside) Onshore and Offshore Agreement 2014. The application was made by the employer, Monadelphous Engineering Associates Pty Ltd, and opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute involved the terms and conditions of employment for employees under the proposed enterprise agreement. The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009, specifically focusing on the procedural fairness and the genuine bargaining aspects of the agreement.

The Commission examined the evidence and submissions to determine whether the agreement was made in good faith and whether it was the product of genuine bargaining. The employer argued that the agreement reflected the outcomes of negotiations between the parties, while the union contended that the agreement did not adequately represent the interests of the employees. The Commission assessed the evidence, including witness testimonies and documentation, to ascertain whether the agreement was fairly and genuinely negotiated. It also considered whether the agreement met the legal standards for procedural fairness and genuine bargaining as required by the Fair Work Act.

After reviewing the evidence, the Commission concluded that the agreement was the product of genuine bargaining and procedural fairness. The Commission found that the employer had provided sufficient evidence to demonstrate that the agreement was negotiated in good faith and reflected the outcomes of those negotiations. Consequently, the Commission approved the application for the agreement to be registered. This decision affirmed the validity of the agreement and established the terms and conditions of employment for the employees under the enterprise agreement.

Monadelphous Engineering Associates Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established