DECISION

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

Monadelphous Engineering Pty Ltd
(AG2015/1597)

MONADELPHOUS ENGINEERING PTY LTD MACKAY WORKSHOP ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 14 JANUARY 2015

Application for variation of the Monadelphous Engineering Pty Ltd Mackay Workshop Enterprise Agreement 2014.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Monadelphous Engineering Pty Ltd for the approval of a variation to the Monadelphous Engineering Pty Ltd Mackay Workshop Enterprise Agreement 2014 (“the Agreement”).

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot.

[3] The Agreement is varied as follows:

1. By deleting paragraph 4 and replacing it as follows:

“This Agreement will commence operating seven (7) days after approval from the Fair Work Commission and will remain in force for eighteen months following this date. This Agreement will continue to operate until terminated or replaced in accordance with the Act.”

2. In Appendix A, by amending the paragraph directly below the table headed “Employees will be assigned to one of the following classifications” to read as follows:

“The rates and allowances outlined below in Appendix A shall be subject to review on 1 July annually based on, but not limited to, the Consumer Price Index (CPI) (Queensland, March quarter figures, as published by the Australian Bureau of Statistics, market conditions and contractual negotiations with the Client(s).”

3. In Appendix A, by deleting the table headed “All Purpose Hourly Rates for all work performed in the Monadelphous Mackay Workshop” and replacing it as follows:

Classification	From first pay period after 1 July 2014
Level One	$36.27
Level Two	$34.54
Level Three	$31.59
Level Four	$30.56
Level Five	$27.30

4. In Appendix A, by inserting a new table headed “All Purpose Hourly Rates for all Site works performed in Mackay and surrounding regions” as follows:

Classification	From first pay period after 1 July 2014
Level One	$38.47
Level Two	$36.74
Level Three	$33.79
Level Four	$32.76
Level Five	$29.50

5. In Appendix A, by amending the rates in the table headed “All Purpose Hourly Rates for all work performed at Coal Ports, Terminals and Coal Support Industries in Regional Mackay” as follows:

Classification	From first pay period after 1 July 2014
Level One	$43.92
Level Two	$41.83
Level Three	$39.50
Level Four	$38.48
Level Five	$37.01

[4] The variation is approved and will come into operation on 14 January 2015.

[5] A consolidated copy of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Monadelphous Engineering Pty Ltd, an engineering and maintenance services provider, applied to the Fair Work Commission for a variation of the Mackay Workshop Enterprise Agreement 2014. The application was brought under section 234 of the Fair Work Act 2009, and the respondents included various unions and employees' representatives. The application sought to amend various provisions of the agreement, including those related to employee entitlements, working hours, and dispute resolution mechanisms.

The legal issues before the Commission involved the interpretation and application of the relevant sections of the Fair Work Act, particularly in relation to the requirements for a valid enterprise agreement and the procedures for its variation. The Commission had to determine whether the application met the necessary criteria for a variation and whether the proposed changes were in the interests of the employees and the employer.

In its decision, the Commission found that the application satisfied the statutory requirements for a variation of the enterprise agreement. The proposed changes were deemed to be in the interests of the employees and the employer, as they addressed issues that had arisen since the original agreement was made. The Commission took into account the need for flexibility in the workplace, the importance of maintaining good industrial relations, and the potential benefits for both parties. The application was therefore approved, and the relevant provisions of the Mackay Workshop Enterprise Agreement 2014 were varied accordingly.

No further orders were made by the Commission beyond the variation of the enterprise agreement as sought in the application. The decision highlights the importance of ongoing dialogue and negotiation between employers and employees to ensure that enterprise agreements remain relevant and effective in meeting the changing needs of the workplace.

Monadelphous Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Reasons for decision

Legal Principle Established