Monadelphous Engineering Pty Ltd

[2016] FWCA 5996

[2016] FWCA 5996

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Monadelphous Engineering Pty Ltd
(AG2016/5103)

MONADELPHOUS ENGINEERING PTY LTD - CENTRAL QUEENSLAND OPERATIONS AGREEMENT 2015 – 2017

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 25 AUGUST 2016

Application for variation of the Monadelphous Engineering Pty Ltd - Central Queensland Operations Agreement 2015 - 2017.

[1] An application has been made for variation of the Monadelphous Engineering Pty Ltd - Central Queensland Operations Agreement 2015 - 2017 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Monadelphous Engineering Pty Ltd (the Employer).

[2] A statutory declaration in support of the application for approval of a variation was declared by Ms Zara Noble, Senior Industrial Relations Advisor of the Employer.

[3] The Australian Workers’ Union (AWU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are employee organisations that are covered by the Agreement.

[4] On 19 August 2016, my Associate wrote to the AWU and AMWU on my behalf to seek their views in relation to the application.

[5] The AMWU and AWU provided correspondence to indicate that they did not support the variation due to it providing reduced rates of pay. It is noted that the Agreement came into operation on 22 December 2015. Neither union sought to be heard in relation to the application, but wished for their concern regarding the reduced rates of pay to be noted.

[6] The variation can be found at Annexure A to this decision.

[7] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[8] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 25 August 2016.

[9]
The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

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Annexure A