DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monadelphous Engineering Pty Ltd
(AG2014/11087)

MONADELPHOUS ENGINEERING PTY LTD (OPERATIONS, MAINTENANCE & MISCELLANEOUS SERVICES ON GAS WELLS AND ASSOCIATED PLANT - QLD) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 JANUARY 2015

Application for approval of the Monadelphous Engineering Pty Ltd (Operations, Maintenance & Miscellaneous Services on Gas Wells and Associated Plant - Qld) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Monadelphous Engineering Pty Ltd (Operations, Maintenance & Miscellaneous Services on Gas Wells and Associated Plant - Qld) Enterprise Agreement 2014 (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 and 187 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 16 January 2015. The nominal expiry date of the Agreement is 8 January 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Monadelphous Engineering Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement titled the Monadelphous Engineering Pty Ltd (Operations, Maintenance & Miscellaneous Services on Gas Wells and Associated Plant - Qld) Enterprise Agreement 2014. The application was lodged under section 185 of the Fair Work Act 2009. The Agreement is a single-enterprise agreement between Monadelphous Engineering Pty Ltd and its employees involved in operations, maintenance, and miscellaneous services on gas wells and associated plant in Queensland. The application was made to ensure the agreement met all the necessary legal requirements before it could be implemented.

The central legal issue before the Commission was whether the Agreement met all the relevant criteria for approval under sections 186 and 187 of the Fair Work Act 2009. This involved examining whether the agreement was made in good faith, was free from coercion and undue influence, and provided for appropriate processes for resolving disputes. Additionally, the Commission assessed whether the agreement contained the minimum terms and conditions required by the Act and if it was fair and reasonable in all its aspects.

After reviewing the agreement and the application, Senior Deputy President Watson concluded that the Agreement met all the requirements for approval. The Agreement was found to be made in good faith, free from coercion and undue influence, and included appropriate dispute resolution processes. Furthermore, the agreement contained all the minimum terms and conditions as required by the Fair Work Act 2009 and was fair and reasonable in all its aspects. Consequently, the Agreement was approved to operate from 16 January 2015, with a nominal expiry date of 8 January 2019.

Monadelphous Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established