DECISION

Fair Work Act 2009
s.185—Enterprise agreement

E.B Mawson & Sons Pty Ltd T/A Mawsons
(AG2018/7108)

E.B MAWSON & SONS PTY LTD FOSTERVILLE ENTERPRISE AGREEMENT 2018 - 2020

Mining industry
COMMISSIONER JOHNS	MELBOURNE, 27 MARCH 2019

Application for approval of the E.B Mawson & Sons Pty Ltd Fosterville Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the E.B Mawson & Sons Pty Ltd Fosterville Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by E.B Mawson & Sons Pty Ltd T/A Mawsons. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2019. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves E.B Mawson & Sons Pty Ltd, trading as Mawsons, which applied to the Fair Work Commission for approval of the E.B Mawson & Sons Pty Ltd Fosterville Enterprise Agreement 2018. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement did not meet certain legal standards and would adversely affect employees' conditions. The matter was heard by the Fair Work Commission, an Australian federal body responsible for resolving workplace disputes and overseeing the enforcement of workplace laws.

The key legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, and if it adequately protected employees' rights and interests. This involved scrutinising the agreement's provisions concerning minimum wage rates, penalty rates, leave entitlements, and other employment conditions. The Commission also needed to determine if the agreement was genuinely negotiated between the employer and the union, and if it addressed the needs and concerns of the workforce effectively.

After reviewing the submissions from both parties and considering the relevant legislation and case law, the Fair Work Commission found that the Fosterville Enterprise Agreement 2018 was compliant with the Fair Work Act. The Commission was satisfied that the agreement had been fairly negotiated and that it provided for appropriate conditions for the employees. It was concluded that the agreement did not adversely affect the employees' conditions and met the legal requirements for approval. Consequently, the Commission approved the agreement, allowing it to come into effect.

The Commission's final order was that the E.B Mawson & Sons Pty Ltd Fosterville Enterprise Agreement 2018 be approved, and it was to take effect from the date of the decision. This decision allows the agreement to govern the employment conditions of the relevant workers, subject to any future amendments or disputes that may arise under the agreement.

E.B Mawson & Sons Pty Ltd T/A Mawsons

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established