DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monadelphous Engineering Pty Ltd
(AG2015/2975)

MONADELPHOUS (REGIONAL NSW) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	PERTH, 2 JULY 2015

Application for approval of the Monadelphous (Regional NSW) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Monadelphous (Regional NSW) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, all being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 9 July 2015. The nominal expiry date of the Agreement is 9 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Monadelphous Engineering Pty Ltd applied for approval of the Monadelphous (Regional NSW) Enterprise Agreement 2015. The Fair Work Commission heard the matter and had to decide whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue was whether the agreement satisfied the "better off overall test" under section 234 of the Act. This test requires that employees covered by the agreement must be at least as well off financially and in terms of conditions of employment as they would be under their applicable award or existing enterprise agreement. The application hinged on whether the proposed terms of the agreement met this criterion.

The Commission found that the agreement provided for a range of benefits and conditions that were at least as favourable as those under the applicable awards. It noted that the agreement included provisions for wage increases, improved leave entitlements, and other benefits that met the better off overall test. The Commission also considered that the agreement provided for proper consultation and representation mechanisms. As a result, the Commission approved the application.

The Fair Work Commission approved the Monadelphous (Regional NSW) Enterprise Agreement 2015. This decision was based on the finding that the agreement met the better off overall test and provided for adequate employee representation and consultation.

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