DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monadelphous Engineering Pty Ltd
(AG2018/2783)

MONADELPHOUS ENGINEERING PTY LTD CENTRAL QUEENSLAND OPERATIONS ENTERPRISE AGREEMENT 2018-2020

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 AUGUST 2018

Application for approval of the Monadelphous Engineering Pty Ltd Central Queensland Operations Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Monadelphous Engineering Pty Ltd Central Queensland Operations Enterprise Agreement 2018-2020 (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, 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Monadelphous Engineering Pty Ltd was before the Fair Work Commission to seek approval of an enterprise agreement. The agreement in question was between the company and its employees in the Central Queensland operations division, covering the period 2018 to 2020. The agreement sought to govern various aspects of employment, including wages, working conditions, and dispute resolution mechanisms. The legal issues before the Commission revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement had been made in good faith, if it contained the necessary provisions for employee protections, and if it was properly certified by the relevant authorities.

The Commission began its analysis by examining the certification process, confirming that the agreement had been appropriately presented and that the necessary steps had been followed. The Commission then reviewed the agreement's content to ensure it complied with the statutory minimum standards and did not unfairly disadvantage any class of employees. A significant part of the inquiry focused on whether the agreement contained all the mandatory terms and conditions required by the Act. The Commission also considered the bargaining process, assessing if the agreement had been made in good faith and if both parties had genuinely attempted to reach a consensus. Ultimately, the Commission found that the agreement met all the necessary criteria and did not contain any provisions that would unjustly harm the employees.

Having thoroughly examined the agreement, the Commission approved it, finding it to be compliant with all legal requirements. The Commission highlighted the balanced nature of the agreement, which it determined reflected fair and reasonable terms for both the employer and the employees. The decision underscored the importance of good faith bargaining and the necessity of meeting all statutory obligations when negotiating and approving enterprise agreements. The final orders included the approval of the Monadelphous Engineering Pty Ltd Central Queensland Operations Enterprise Agreement 2018-2020, effective from the date of the Commission's decision.

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