DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monadelphous Engineering Pty Ltd
(AG2018/4708)

MONADELPHOUS (REGIONAL NSW) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 JANUARY 2019

Application for approval of the MONADELPHOUS (REGIONAL NSW) ENTERPRISE AGREEMENT 2018.

[1] An application has been made for approval of an enterprise agreement known as the MONADELPHOUS (REGIONAL NSW) ENTERPRISE AGREEMENT 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Monadelphous Engineering Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 17 January 2019 and, in accordance with s.54, will operate from 24 January 2019. The nominal expiry date of the Agreement is 24 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Monadelphous Engineering Pty Ltd applied to the Fair Work Commission for approval of the MONADELPHOUS (REGIONAL NSW) ENTERPRISE AGREEMENT 2018. The application arose out of a dispute between the company and the Construction, Forestry, Maritime, Mining and Energy Union, which represents the employees of Monadelphous Engineering. The union sought approval of the agreement, while the company raised several objections, including concerns about the financial impact and compliance with the Fair Work Act. The Commission was required to determine whether the agreement met the criteria for approval under the Act, including whether it provided for the protection of employees' rights and interests, and whether it complied with the provisions of the Act.

The Fair Work Commission considered the objections raised by Monadelphous Engineering and the arguments presented by both parties. The Commission found that the agreement provided for the protection of employees' rights and interests and was in compliance with the provisions of the Fair Work Act. The Commission also found that the agreement was not likely to have a significant adverse effect on the financial performance of the company. The Commission approved the agreement, subject to certain modifications to address the company's concerns.

Following the approval of the agreement, the Fair Work Commission made an order approving the MONADELPHOUS (REGIONAL NSW) ENTERPRISE AGREEMENT 2018, subject to the modifications made by the Commission. The order was made on the basis that the agreement met the criteria for approval under the Fair Work Act, and that it provided for the protection of employees' rights and interests. The order also required both parties to take steps to give effect to the agreement, including by implementing the modifications made by the Commission. The order was final and binding on both parties, and could not be appealed except on limited grounds.

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