Monadelphous Engineering Pty Ltd

[2019] FWCA 5650

[2019] FWCA 5650

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monadelphous Engineering Pty Ltd
(AG2018/7253)

MWSL ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 14 AUGUST 2019

Application for approval of the MWSL Enterprise Agreement 2018.

[1] Monadelphous Engineering Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the MWSL Enterprise Agreement 2018 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. No objections were raised.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Upon receiving the application, I observed that there were four employees at the time of the vote, there were several classifications within the Agreement, and it had national coverage. The issue raised with the Applicant was whether employees had an appreciation of the terms and conditions proposed for an Agreement with potentially wide coverage. 1 Having provided the Applicant the opportunity to further address ss 180(5) and 186(2), and having considered the evidence of the Applicant’s Senior Industrial Relations Advisor, I am satisfied that the Applicant took all reasonable steps to ensure that the terms of the Agreement, and the effect of those terms, were explained to the relevant employees.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration and witness statement, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[6] The Agreement was approved on 14 August 2019 and, in accordance with s 54, will operate from 21 August 2019. The nominal expiry date of the Agreement is 13 August 2023.

DEPUTY PRESIDENT

Annexure A

 1   One Key Workforce Pty Ltd v Construction, Forestry, Mining and Energy Union [2018] FCAFC 77

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