Monadelphous Engineering Pty Ltd

[2020] FWCA 1113

[2020] FWCA 1113

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Monadelphous Engineering Pty Ltd
(AG2019/5041)

MONADELPHOUS ENGINEERING PTY LTD OPERATIONS, MAINTENANCE & MISCELLANEOUS SERVICES - QLD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER BOOTH	BRISBANE, 28 FEBRUARY 2020

Application for variation of the Monadelphous Engineering Pty Ltd Operations, Maintenance & Miscellaneous Services - QLD Enterprise Agreement 2019.

[1] This is an application made under s.210 of the Fair Work Act 2009 (the Act) by Monadelphous Engineering Pty Ltd (the Applicant), seeking approval of a variation to the Monadelphous Engineering Pty Ltd Operations, Maintenance & Miscellaneous Services - QLD Enterprise Agreement 2019 (the Agreement).

[2] The variation can be found at Attachment A to this Decision.

[3] Correspondence was sent to the Applicant on 4 February 2020, raising concerns in relation to the Agreement as sought to be varied. Signed undertakings addressing the concerns raised were filed on 10 February 2020. A copy of the undertakings is attached at Annexure B. 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.

[4] Subject to the undertakings provided, I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES). However, noting the NES precedence clause as inserted in the undertakings at Attachment B, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES:

•  Clause 21.1.2 – annual leave;

•  Clause 21.6(a) – annual leave loading;

•  Clause 22.3 – personal leave; and

•  Clause 23 – compassionate leave.

[6] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 28 February 2020.

[7] A consolidated version of the Agreement as varied is [attached] to this Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE502906  PR717140>

Attachment A

Attachment B