Monadelphous KT Pty Ltd

[2014] FWCA 3558

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monadelphous KT Pty Ltd
(AG2014/1180)

MONADELPHOUS KT PTY LTD NORTH WEST PIPELINE GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 20 JUNE 2014

Application for approval of the Monadelphous KT Pty Ltd North West Pipelines Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Monadelphous KT Pty Ltd North West Pipelines Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] I had some concerns regarding the superannuation clause in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertaking.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 1 January 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Monadelphous KT Pty Ltd applied for the approval of the Monadelphous KT Pty Ltd North West Pipelines Greenfields Agreement 2014 by the Fair Work Commission. The respondent to the application was the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement was a modified enterprise agreement and sought to vary certain terms and conditions of employment for employees covered by the existing Enterprise Agreement. The dispute centred on whether the agreement was in the best interests of the employees and if it complied with the relevant legislative framework.

The court was required to determine whether the modified agreement was in the best interests of the employees and whether it complied with the relevant legislative provisions. The CFMEU argued that the agreement was not in the best interests of the employees and that it did not comply with the requirements of the Fair Work Act 2009. The court needed to consider the submissions of both parties and assess whether the agreement was fair and reasonable, taking into account the interests of the employees and the employer.

In its decision, the Fair Work Commission found that the agreement was in the best interests of the employees and that it complied with the relevant legislative provisions. The Commission considered the submissions of both parties and noted that the agreement provided for a range of benefits to employees, including wage increases, improved leave entitlements, and better conditions of employment. The Commission was satisfied that the agreement was fair and reasonable and that it would promote improved productivity and efficiency in the workplace. The application was approved, and the agreement was registered.

The Fair Work Commission approved the application and registered the modified agreement as a modified enterprise agreement under the Fair Work Act 2009. The CFMEU was directed to give written notice of the approval and registration of the agreement to all employees covered by the agreement. The employer was also directed to give written notice of the approval and registration of the agreement to all employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established