DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monadelphous Engineering Pty Ltd
(AG2019/1405)

MONADELPHOUS ENGINEERING PTY LTD WATER INFRASTRUCTURE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 2 JULY 2019

Application for approval of the Monadelphous Engineering Pty Ltd Water Infrastructure Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Monadelphous Engineering Pty Ltd Water Infrastructure Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Monadelphous Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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 is approved and, in accordance with s.54 of the Act, will operate from 9 July 2019. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Monadelphous Engineering Pty Ltd, sought approval of an enterprise agreement concerning its water infrastructure employees. The Fair Work Commission, represented by Commissioner J.M. Smith, was the body responsible for the approval of this agreement. The legal issues before the court involved determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for a fair and efficient workplace, and whether it adhered to the legal framework for enterprise agreements, including the provision of procedural fairness to the employees involved.

Commissioner Smith began by examining the application's compliance with the legislative requirements set out in the Fair Work Act. This involved verifying that the agreement had been made in good faith and that it provided for the efficient determination of terms and conditions of employment. The Commissioner also considered whether the agreement contained the necessary protections for employees, such as provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. Furthermore, the Commissioner scrutinised the process by which the agreement was made, to ensure it was conducted in a manner that was procedurally fair to all parties involved.

Following the detailed examination, the Commissioner concluded that the agreement met all statutory requirements and provided for a fair and efficient workplace. The Commissioner was satisfied that the agreement was made in good faith, provided adequate protections for employees, and adhered to the procedural fairness obligations set out in the Fair Work Act. Consequently, the Commissioner approved the enterprise agreement, allowing it to come into effect as per the terms outlined in the application.

The final orders of the Commission were that the Monadelphous Engineering Pty Ltd Water Infrastructure Enterprise Agreement 2019 be approved, effective from the date of the decision, and that the agreement be registered with the Fair Work Commission. This approval ensures that the terms and conditions of employment for the water infrastructure employees are governed by the provisions of the enterprise agreement.

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