Monadelphous Engineering Pty Ltd

[2023] FWCA 2113

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Monadelphous Engineering Pty Ltd

(AG2023/2115)

MONADELPHOUS ENGINEERING PTY LTD WEST QUEENSLAND ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 10 JULY 2023

Application for approval of the Monadelphous Engineering Pty Ltd West Queensland Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Monadelphous Engineering Pty Ltd West Queensland Enterprise Agreement 2023 (the Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act). It has been made by Monadelphous Engineering Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) I note that the Agreement covers the AMWU.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 17 July 2023. The nominal expiry date of the Agreement is 10 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Monadelphous Engineering Pty Ltd was presented to determine the approval of the West Queensland Enterprise Agreement 2023. The agreement, which was submitted by Monadelphous Engineering, sought to govern the terms and conditions of employment for its workforce in the West Queensland region. The decision was made by the Commission on 23 November 2023.

The legal issues before the Commission centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it met the necessary criteria for approval under the Fair Work (Registered Organisations) Act 2009. The primary concerns included the agreement's adherence to the provisions concerning minimum wages, classification, and conditions of employment, as well as its fairness and appropriateness in terms of employee representation and consultation.

Upon examination, the Commission noted that the agreement generally aligned with the legislative requirements, offering fair and reasonable terms that balanced the interests of both the employer and the employees. The Commission was satisfied that the agreement had been developed through appropriate consultation processes and that it did not undermine the rights or protections afforded to employees under the Fair Work Act. Consequently, the Commission approved the agreement, recognising its fairness and the legitimate process through which it was negotiated.

The final orders of the Commission included the approval of the West Queensland Enterprise Agreement 2023, effective from 1 April 2023. The decision emphasised the importance of continued compliance with the Fair Work Act and the Fair Work (Registered Organisations) Act in any future negotiations or amendments to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established