Application by Monadelphous Engineering Associates Pty Ltd
Citation: [2026] FWCA 2151
What happened
Monadelphous Engineering Associates Pty Ltd sought approval for the 'Monadelphous Engineering Associates Pty Ltd (Woodside) Onshore Enterprise Agreement 2026'. The agreement covers employees in the oil and gas industry. Several unions, including the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Construction, Forestry and Maritime Employees Union, Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, and Australian Workers’ Union, acted as bargaining representatives. The company provided written undertakings to address potential issues.
What was decided
The Fair Work Commission approved the enterprise agreement on August 11, 2026, with a nominal expiry date of August 11, 2030. The Commissioner noted some clauses appeared inconsistent with the National Employment Standards (NES) but found that clause 7.2 ensures the NES prevails in cases of inconsistency. Model consultation and flexibility terms were also incorporated as required by law. The unions have been covered by the agreement.
What it means for employers
Employers should carefully review enterprise agreements to ensure they align with the National Employment Standards (NES). Specifically, clauses related to notice periods, compassionate leave, public holidays, and termination procedures require close scrutiny. A clause ensuring that NES entitlements prevail over those in the agreement is vital.
What it means for employees
Employees covered by this agreement should be aware of their rights under the National Employment Standards (NES), as these will take precedence if there's a conflict with the enterprise agreement. The agreement covers employees represented by several unions.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →