Monadelphous Engineering Pty Ltd
[2022] FWCA 870
•18 MARCH 2022
| [2022] FWCA 870 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Monadelphous Engineering Pty Ltd
(AG2021/9134)
Monadelphous (Regional NSW) Enterprise Agreement 2021
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 18 MARCH 2022 |
Application for approval of the Monadelphous (Regional NSW) Enterprise Agreement 2021
An application has been made for approval of an enterprise agreement known as the Monadelphous (Regional NSE) Enterprise Agreement 2021 (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.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Australian Manufacturing Workers’ Union, the Construction, Forestry, Maritime, Mining and Energy Union and the Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover their organisations. In accordance with s.201(2) I note that the Agreement covers those organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 18 March 2025.
DEPUTY PRESIDENT
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