Monadelphous Engineering Associates Pty Ltd Summary

[2013] FWCA 3150

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Monadelphous Engineering Associates Pty Ltd
(AG2013/105)

MONADELPHOUS ENGINEERING ASSOCIATES PTY LTD WORSLEY ALUMINA OPERATIONS CFMEU AGREEMENT 2010

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 MAY 2013

Application for approval of the termination of the Monadelphous Engineering Associates Pty Ltd Worsley Alumina Operations CFMEU Agreement 2010.

[1] Monadelphous Engineering Associates Pty Ltd made an application to terminate the Monadelphous Engineering Associates Pty Ltd Worsley Alumina Operations CFMEU Agreement 2010 (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 Fair Work Act 2009, the Agreement is terminated.

[3] The termination will come into effect from 22 May 2013.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, Monadelphous Engineering Associates Pty Ltd, sought approval for the termination of the existing agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the Worsley Alumina Operations. The primary focus of the application was to establish whether the termination of the existing agreement was in line with the statutory provisions outlined in the Fair Work Act 2009.

The court was tasked with determining if the applicant had met the necessary criteria to terminate the agreement. This involved assessing whether the application was made in good faith and if the termination would result in improved operational efficiency and economic outcomes for the company. Additionally, the court examined if the proposed changes would maintain or improve the terms and conditions of employment for the affected employees, considering the overall fairness and reasonableness of the agreement.

The Fair Work Commission found that the applicant had met the requisite criteria for terminating the existing agreement. The decision was based on the evidence presented by Monadelphous Engineering Associates Pty Ltd, which demonstrated that the termination was in good faith and would lead to enhanced operational efficiency. Furthermore, the proposed changes were deemed to maintain or improve the terms and conditions of employment, thereby meeting the fairness and reasonableness standards. Consequently, the Commission approved the termination of the existing agreement, paving the way for the implementation of the new terms and conditions as proposed by the applicant.

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