Monadelphous Engineering Pty Ltd

[2025] FWCA 1254

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Monadelphous Engineering Pty Ltd

(AG2025/969)

MONADELPHOUS ENGINEERING PTY LTD CENTRAL QUEENSLAND OPERATIONS ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 APRIL 2025

Application for approval of the Monadelphous Engineering Pty Ltd Central Queensland Operations Enterprise Agreement 2025

Monadelphous Engineering Pty Ltd has made an application for approval of an enterprise agreement known as the Monadelphous Engineering Pty Ltd Central Queensland Operations Enterprise Agreement 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union (AWU) and the Construction, Forestry and Maritime Employee Union (CFMEU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. As required by s 201(2), I note that the Agreement covers the AMWU, the AWU and the CFMEU.

The Agreement was approved on 15 April 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Monadelphous Engineering Pty Ltd sought approval of an enterprise agreement for its Central Queensland Operations. The agreement was proposed by the applicant in accordance with the Fair Work Act 2009, and the Australian Council of Trade Unions was the respondent. The dispute centred on the terms and conditions of employment, including pay rates, working hours, and other employment-related matters as stipulated in the proposed agreement.

The legal issues before the Commission involved assessing whether the agreement met the requirements under the Fair Work Act, including provisions for direct and indirect dismissal, redundancy, and termination of employment. Additionally, the Commission needed to determine if the agreement provided for appropriate mechanisms for dispute resolution and if it complied with the provisions regarding the treatment of employees and the protection of their rights. The central issue was whether the agreement fairly reflected the needs of both the employer and the employees and if it provided for a balanced and equitable relationship between the parties.

The Commission considered the submissions from both parties and examined the provisions of the agreement. It found that the agreement contained provisions that were consistent with the requirements of the Fair Work Act, including those related to dismissal, redundancy, and termination of employment. The Commission was satisfied that the agreement provided for appropriate mechanisms for dispute resolution and that it complied with the relevant provisions regarding the treatment of employees and the protection of their rights. After thorough consideration, the Commission approved the enterprise agreement, recognising it as a fair and balanced document that met the statutory requirements.

The Fair Work Commission approved the proposed enterprise agreement, subject to the conditions and provisions outlined in the decision. The agreement will now govern the terms and conditions of employment for the employees covered by the agreement, and both parties are bound by its terms. The decision provides certainty for both Monadelphous Engineering Pty Ltd and its employees, ensuring that the agreement is fair and in compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established