Monadelphous Workforce Pty Ltd

[2023] FWCA 2828

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Monadelphous Workforce Pty Ltd

(AG2023/2897)

MONADELPHOUS WORKFORCE PTY LTD NORTH QUEENSLAND ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 4 SEPTEMBER 2023

Application for approval of the Monadelphous Workforce Pty Ltd North Queensland Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Monadelphous Workforce Pty Ltd North Queensland Enterprise Agreement 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 Workforce Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. Question 18 of the Form F17A provides that the notification time for the Agreement was 14 April 2023.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. Question 26.2 of the Form F17A provides that the Agreement was made on 16 August 2023.

The Notice of Employee Representational Rights (NERR) distributed to employees proposed an alternate Agreement title to that which eventually was made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 3 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved an application by Monadelphous Workforce Pty Ltd for the approval of the North Queensland Enterprise Agreement 2023. This agreement was intended to govern the employment terms and conditions of certain employees in the North Queensland region. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly whether it provided for the employees' pay and conditions in a manner that was fair and reasonable.

The key legal issues the Commission had to address included whether the agreement contained adequate provisions regarding wages, hours of work, leave, and other employment conditions. Additionally, the Commission had to consider whether the agreement complied with the requirements for good faith bargaining and if it was negotiated in accordance with the Fair Work Act. Another issue was whether the agreement provided for the proper protection of employee interests and if it was likely to promote harmonious, productive, and cooperative workplace relations.

The Fair Work Commission found that the proposed agreement was fair and reasonable in all its aspects. It determined that the agreement included comprehensive provisions for wages, hours of work, leave, and other employment conditions, which were consistent with the relevant award and provided for fair and reasonable terms. The Commission was satisfied that the agreement was the product of good faith bargaining and had been negotiated in accordance with the statutory requirements. The agreement was deemed to be likely to promote harmonious, productive, and cooperative workplace relations. Consequently, the Commission approved the North Queensland Enterprise Agreement 2023.

In light of the findings, the Fair Work Commission approved the enterprise agreement, which is now in effect from the date of the decision. The agreement sets out the terms and conditions of employment for the relevant employees and will govern their workplace relations moving forward.

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