Monadelphous Engineering Associates Pty Ltd

[2013] FWCA 3149

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Monadelphous Engineering Associates Pty Ltd
(AG2013/4466)

MONADELPHOUS ENGINEERING ASSOCIATES PTY LTD WORSLEY ALUMINA OPERATIONS AMWU 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 AMWU Agreement 2010.

[1] Monadelphous Engineering Associates Pty Ltd made an application to terminate the Monadelphous Engineering Associates Pty Ltd Worsley Alumina Operations AMWU 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

The case involves an application by Monadelphous Engineering Associates Pty Ltd to the Fair Work Commission for the approval of the termination of the Worsley Alumina Operations AMWU Agreement 2010. The application was opposed by the Australian Manufacturing Workers' Union. The Fair Work Commission was required to determine whether the termination of the agreement was appropriate in the circumstances and whether the application should be approved.

The primary legal issue before the Commission was whether the termination of the agreement was in the best interests of the employees and the employer. The Commission considered whether the application met the criteria for approval under the Fair Work Act 2009 and whether the proposed termination was fair and reasonable. The Commission also considered the impact of the termination on the employees and whether alternative arrangements were available to protect their interests.

The Commission found that the application met the criteria for approval and that the termination of the agreement was in the best interests of the employees and the employer. The Commission noted that the agreement had been in place for a significant period and that there had been changes in the operations of the employer that made the continuation of the agreement unworkable. The Commission also found that the proposed termination was fair and reasonable and that alternative arrangements were available to protect the interests of the employees. The Commission approved the application and terminated the agreement.

The Fair Work Commission approved the application by Monadelphous Engineering Associates Pty Ltd for the termination of the Worsley Alumina Operations AMWU Agreement 2010. The Commission found that the termination was in the best interests of the employees and the employer and that the application met the criteria for approval under the Fair Work Act 2009. The Commission also found that the proposed termination was fair and reasonable and that alternative arrangements were available to protect the interests of the employees. The agreement was terminated effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established