Monadelphous Engineering Pty Ltd

[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

Printed by authority of the Commonwealth Government Printer

UNDERTAKINGS

CaseChat Overview and Summary

In the Fair Work Commission, Monadelphous Engineering Pty Ltd applied for the approval of the Monadelphous (Regional NSW) Enterprise Agreement 2021. The applicant is an engineering services provider, and the application involves an enterprise agreement that governs the terms and conditions of employment for its employees in the regional New South Wales area. The applicant sought the Commission's approval to ensure the agreement's compliance with the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to determine whether the agreement was in the public interest, whether it provided for the proper operation of businesses, and whether it ensured fair and reasonable terms and conditions of employment. The Commission also needed to consider whether the agreement provided for the protection of employees' rights and interests, particularly in light of the parties' bargaining positions and the potential impact on employees' entitlements.

In reaching its decision, the Commission considered the submissions from both parties, the evidence presented, and the relevant legal principles. The Commission found that the proposed agreement provided for fair and reasonable terms and conditions of employment, and that it was in the public interest. The Commission also concluded that the agreement ensured the proper operation of the applicant's business and protected the rights and interests of employees. After weighing these factors, the Commission approved the Monadelphous (Regional NSW) Enterprise Agreement 2021.

The Fair Work Commission approved the Monadelphous (Regional NSW) Enterprise Agreement 2021, and the applicant's application was successful. The approved agreement will now govern the terms and conditions of employment for employees in the regional New South Wales area, providing a framework for fair and reasonable workplace relations between the applicant and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established