DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monadelphous Engineering Pty Ltd
(AG2015/7685)

MONADELPHOUS ENGINEERING PTY LTD TREATMENT FACILITIES (SA) ENTERPRISE AGREEMENT 2015

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 13 JANUARY 2016

Application for approval of the Monadelphous Engineering Pty Ltd Treatment Facilities (SA) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Monadelphous Engineering Pty Ltd Treatment Facilities (SA) Enterprise Agreement 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 13 January 2016 and, in accordance with s.54, will operate from 20 January 2016. The nominal expiry date of the Agreement is 13 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Monadelphous Engineering Pty Ltd and its employees represented by the Electrical Trades Union of Australia. The dispute pertained to the application for the approval of the Monadelphous Engineering Pty Ltd Treatment Facilities (SA) Enterprise Agreement 2015. The application was heard by the Fair Work Commission.

The primary legal issues before the court were whether the enterprise agreement in question was genuinely a bargain between the parties and whether it complied with the requirements of the Fair Work Act 2009. The court needed to determine if the agreement was made in good faith, if it contained the minimum terms and conditions as mandated by the Act, and if it was fair and reasonable.

The Fair Work Commission examined the process through which the agreement was negotiated and concluded that it was a genuine bargain. The court found that the agreement contained the minimum terms and conditions set out in the Fair Work Act 2009 and that the parties had negotiated in good faith. The court also determined that the agreement was fair and reasonable, taking into account the nature of the enterprise and the bargaining positions of the parties. Therefore, the court approved the enterprise agreement.

The Fair Work Commission approved the Monadelphous Engineering Pty Ltd Treatment Facilities (SA) Enterprise Agreement 2015, finding it to be a genuine bargain, compliant with the Fair Work Act 2009, and fair and reasonable.

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