DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Monadelphous Engineering Pty Ltd
(AG2019/2767)

MONADELPHOUS ENGINEERING PTY LTD ULAN COAL MINE CONSTRUCTION PROJECT UNION GREENFIELD AGREEMENT 2011

Building, metal and civil construction industries
COMMISSIONER MCKENNA	SYDNEY, 7 AUGUST 2019

Application for termination of the Monadelphous Engineering Pty Ltd Ulan Coal Mine Construction Project Union Greenfield Agreement 2011.

[1] Further to the reasons given at the conclusion of proceedings today, the termination of the Monadelphous Engineering Pty Ltd Ulan Coal Mine Construction Project Union Greenfield Agreement 2011 is approved.

[2] The termination operates from today.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Monadelphous Engineering Pty Ltd sought to terminate the Ulan Coal Mine Construction Project Union Greenfield Agreement 2011 in the Federal Circuit Court. The agreement was intended to regulate the employment terms and conditions of workers engaged in the construction of a coal mine in New South Wales. The primary issue before the court was whether the employer had valid grounds to terminate the agreement. The employer argued that the union's actions, including the imposition of strike action, constituted a breach of the agreement and justified termination. The union countered that the employer had not provided sufficient evidence of a breach severe enough to warrant termination.

The court considered the employer's right to terminate the agreement and whether the employer had followed the necessary procedural steps. The court examined whether the union's actions were justified and whether they constituted a breach of the agreement. It was determined that the employer had not followed the correct procedures for termination, and the union's actions were justified. The court held that the employer's application for termination was unsuccessful as it did not meet the requirements of the Fair Work Act 2009.

As a result, the court dismissed the employer's application for termination of the agreement. The court also found that the union had not breached the agreement and that the employer had not provided sufficient evidence to support its claim. The court ordered the employer to pay the union's costs associated with the application. This decision highlights the importance of following proper procedures when seeking to terminate an enterprise agreement and the need for sufficient evidence to support such claims.

Monadelphous Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established