DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monadelphous Engineering Pty Ltd
(AG2020/3626)

MONADELPHOUS ENGINEERING PTY LTD CENTRAL QUEENSLAND OPERATIONS ENTERPRISE AGREEMENT 2020-2023

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 11 DECEMBER 2020

Application for approval of the Monadelphous Engineering Pty Ltd Central Queensland Operations Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Monadelphous Engineering Pty Ltd Central Queensland Operations Enterprise Agreement 2020-2023 (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.

[2] 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.

[3] The Australian Workers' Union and the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Monadelphous Engineering Pty Ltd, applied to the Fair Work Commission for approval of the Central Queensland Operations Enterprise Agreement 2020-2023. The agreement was intended to govern the employment terms of its employees. The nature of the dispute centred on the compliance of the proposed agreement with the requirements of the Fair Work Act 2009. The Commission, comprising of Deputy President M E Ryan, was tasked with determining whether the agreement met the necessary legal standards.

The legal issues before the court involved assessing whether the agreement provided for fair and reasonable terms and conditions of employment, as mandated by the Fair Work Act. This included examining provisions related to pay rates, conditions of work, and other employment terms. The court also needed to consider whether the agreement had been genuinely bargained and whether it adhered to the requirements of the Fair Work Act. The applicant was required to demonstrate that the agreement had been negotiated in good faith and that it was fair and reasonable.

The court found that the agreement was largely compliant with the legal requirements. It concluded that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been genuinely bargained. The court noted that the applicant had engaged in good faith negotiations and had made reasonable efforts to reach an agreement. The court also found that the provisions of the agreement were consistent with the principles of the Fair Work Act. Consequently, the application for approval of the agreement was successful.

The final orders of the court approved the Central Queensland Operations Enterprise Agreement 2020-2023 as a registered agreement under the Fair Work Act. The agreement was to be registered on the date of the decision, and it would govern the employment terms of the employees from 1 April 2020 until 31 March 2023. The court's approval was subject to the terms and conditions set out in the agreement, and it would be binding on all parties involved.

Monadelphous Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established