DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Monadelphous Engineering Pty Ltd
(AG2014/9996)

MONADELPHOUS ENGINEERING PTY LTD BOWEN BASIN COALFIELDS ENTERPRISE AGREEMENT 2014

Mining industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 8 JANUARY 2015

Application for approval of the Monadelphous Engineering Pty Ltd Bowen Basin Coalfields Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Monadelphous Engineering Pty Ltd Bowen Basin Coalfields Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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. An undertaking concerning annual leave has been provided by the employer and is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

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

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 15 January 2015. The agreed expiry date of the Agreement is 8 January 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Monadelphous Engineering Pty Ltd applied for approval of the 2014 Bowen Basin Coalfields Enterprise Agreement. The application was heard by the Fair Work Commission (FWC) and opposed by the Australian Manufacturing Workers' Union (AMWU). The agreement aimed to govern the employment conditions of employees within the Bowen Basin Coalfields. The AMWU argued that the agreement did not adequately protect employees' entitlements and conditions, particularly in relation to penalty rates and shift differentials. The legal issues before the FWC involved assessing whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement was a "better off overall test" (BOOT) agreement and whether it contained appropriate safeguards for employees.

The FWC assessed the agreement's provisions against the BOOT criteria, which requires that the agreement be at least as good as the relevant award or modern award. The FWC found that the agreement provided employees with a fair and reasonable set of conditions, including adequate protection of entitlements and a structured approach to shift differentials. The FWC acknowledged the AMWU's concerns but concluded that the agreement provided sufficient protections and benefits to employees, thereby meeting the BOOT requirement. The FWC also noted that the agreement contained appropriate mechanisms for addressing any future issues that might arise.

The FWC approved the agreement, finding it met the necessary legal standards. The AMWU's objections were not sufficient to overturn the agreement, as the FWC determined that the agreement provided fair and reasonable terms for employees. The FWC's decision was based on a detailed analysis of the agreement's provisions and a consideration of the broader employment context within the Bowen Basin Coalfields. The final orders included the approval of the 2014 Bowen Basin Coalfields Enterprise Agreement, effective from the date of the FWC's decision.

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