Monadelphous Engineering Pty Ltd

[2023] FWCA 815

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Monadelphous Engineering Pty Ltd

(AG2023/562)

MONADELPHOUS ENGINEERING PTY LTD QGC CURTIS ISLAND AGREEMENT 2022

Oil and gas industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 MARCH 2023

Application for approval of the Monadelphous Engineering Pty Ltd QGC Curtis Island Agreement 2022

An application has been made for approval of an enterprise agreement known as the Monadelphous Engineering Pty Ltd QGC Curtis Island Agreement 2022 (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.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union (AWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement was approved on 17 March 2023 and, in accordance with s.54, will operate from 24 March 2023. The nominal expiry date of the Agreement is 16 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Monadelphous Engineering Pty Ltd applied to the Federal Circuit and Family Court of Australia for approval of the Monadelphous Engineering Pty Ltd QGC Curtis Island Agreement 2022, which sought to resolve the terms of employment of employees of Monadelphous Engineering Pty Ltd who were engaged in the construction of the QGC Curtis Island project. The application was made pursuant to section 196 of the Fair Work Act 2009. The Australian Council of Trade Unions (ACTU) and United Voice opposed the application, arguing that the agreement was not in the best interests of the employees and that it did not meet the requirements of the Act.

The court had to decide whether the agreement met the criteria for approval under section 196 of the Act, which requires that the agreement be in the best interests of the employees and that it does not adversely affect the employees' safety or health. The court also had to consider whether the agreement met the requirements for simplification and modernisation of workplace relations, as set out in section 192 of the Act.

The court found that the agreement met the criteria for approval under section 196 of the Act. The court found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for overtime, penalties, and shift allowances. The court also found that the agreement did not adversely affect the employees' safety or health and that it met the requirements for simplification and modernisation of workplace relations. The court noted that the agreement provided for a streamlined dispute resolution process and that it facilitated the efficient and timely completion of the project.

The court approved the agreement and made an order under section 196 of the Act that the agreement be approved. The order is binding on all parties to the agreement, including the employees, and it has the effect of a registered agreement under the Act. The approval of the agreement is subject to the conditions set out in the order, including a requirement that the agreement be reviewed and renewed every five years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established