MONADELPHOUS ENGINEERING ASSOCIATES PTY LIMITED BROCKMAN SYNCLINE 1 PROJECT AGREEMENT 2025

Application for approval of the Monadelphous Engineering Associates Pty Limited Brockman Syncline 1 Project Agreement 2025

[1] An application has been made for the approval of a greenfields agreement known as the Monadelphous Engineering Associates Pty Limited Brockman Syncline 1 Project Agreement 2025 (the Agreement). The application was made by Monadelphous Engineering Associates Pty Limited pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. 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.

[3] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

1. Annual leave on termination: Clause 23(g) of the Agreement provides that leave loading will not be paid out in the case of termination on account of misconduct. This may be inconsistent with s 90(2) of the Act which provides that if, when the employment of an employee ends, the employee has a period of untaken paid annual leave, the employer must pay the employee the amount that would have been payable to the employee had the employee taken that period of leave.

2. Unpaid carer's leave (casuals): Clause 26.1(e) of the Agreement provides that the provisions of clause 26 shall not apply to casual employees, which appears to include unpaid carer's leave in clause 26.4. This appears inconsistent with s 102 of the Act which does not preclude casual employees from 2 days of unpaid carer's leave each permissible occasion.

[4] However, I am satisfied that under clause 5(e) of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] In accordance with s 187(5)(a) of the Act, I am satisfied that the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division - Western Australian Divisional Branch (CEPU) and the Construction, Forestry and Maritime Employees Union - Construction and General Division, Western Australia Divisional Branch (CFMEU) (collectively, the organisations) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[6] Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the organisations and that the Agreement covers them.

[7] Pursuant to s 201(2A) of the Act I note the Agreement covers the organisations.

[8] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 3 November 2025. The nominal expiry date of the Agreement is 27 October 2029.

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