Centennial Myuna Pty Limited Summary

[2022] FWCA 2970

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Centennial Myuna Pty Limited

(AG2022/3499)

Centennial Myuna Enterprise Agreement 2022

Mining industry
COMMISSIONER MCKINNON	SYDNEY, 29 AUGUST 2022

Application for approval of the Centennial Myuna Enterprise Agreement 2022

Centennial Myuna Pty Limited has applied for approval of a single enterprise agreement known as the Centennial Myuna Enterprise Agreement 2022 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 5 September 2022. The nominal expiry date of the Agreement is 31 December 2024.

The Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Association of Professional Engineers, Scientists and Managers, Australia and the Construction, Forestry, Maritime, Mining and Energy Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Centennial Myuna Pty Limited was the subject of an application for the approval of the Centennial Myuna Enterprise Agreement 2022. The application was brought by the company before the Fair Work Commission. The nature of the dispute was to determine whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues that the Commission was required to decide included whether the agreement provided for the appropriate minimum entitlements and protections for employees, whether it included provisions that were procedurally fair and whether it was made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement met the requirements of being in writing, specifying the period of its operation and the parties to whom it applied.

The Fair Work Commission found that the Centennial Myuna Enterprise Agreement 2022 did comply with the necessary provisions of the Fair Work Act 2009. The agreement was found to provide for the appropriate minimum entitlements and protections for employees, and the Commission was satisfied that the agreement was made in good faith and without coercion. The Commission also noted that the agreement was in writing and clearly specified the period of its operation and the parties to whom it applied. The Commission approved the agreement on the basis that it met the necessary legal criteria.

The Fair Work Commission approved the Centennial Myuna Enterprise Agreement 2022, effective from 1 July 2022. The Commission's decision was based on its finding that the agreement met the necessary legal criteria, including the provision of appropriate minimum entitlements and protections for employees, procedural fairness, and good faith negotiation. The Commission's approval of the agreement means that it will now apply to the employees covered by the agreement.

Centennial Myuna Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established