Monadelphous Engineering Pty Ltd Summary

[2013] FWCA 3688

FAIR WORK COMMISSION

DECISION

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

Monadelphous Engineering Pty Ltd
(AG2013/1355)

MONADELPHOUS (REGIONAL NSW) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 11 JUNE 2013

Application for approval of the Monadelphous (Regional NSW) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Monadelphous (Regional NSW) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Monadelphous Engineering Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and The Australian Workers’ Union, each being a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers each organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 18 June 2013. The nominal expiry date is 7 April 2015.

COMMISSIONER

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CaseChat Overview and Summary

Monadelphous Engineering Pty Ltd applied to the Fair Work Commission for approval of the Monadelphous (Regional NSW) Enterprise Agreement 2013. The respondents, consisting of various unions and employee representatives, contested the application on several grounds, including the adequacy of the agreement in terms of pay rates, conditions, and the process by which the agreement was negotiated. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, specifically sections relating to the approval of enterprise agreements. The Commission needed to ascertain if the agreement was genuinely negotiated, whether it provided for fair and reasonable terms and conditions, and if it complied with the procedural requirements outlined in the Act. Additionally, the Commission considered the submissions from the respondents regarding the fairness of the agreement's provisions.

The Commission found that the agreement was genuinely negotiated, as evidenced by the submissions and documentation provided by the applicant. The Commission also determined that the agreement provided for fair and reasonable terms and conditions, taking into account the evidence presented regarding industry standards and the parties' bargaining positions. Furthermore, the Commission concluded that the procedural requirements of the Act were satisfied, as the agreement was negotiated in good faith and in accordance with the prescribed process. Based on these findings, the Commission approved the Monadelphous (Regional NSW) Enterprise Agreement 2013.

The Fair Work Commission approved the Monadelphous (Regional NSW) Enterprise Agreement 2013, rejecting the respondents' objections. The Commission found that the agreement met all the statutory requirements for approval under the Fair Work Act 2009.

Monadelphous Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established