Maca Mining Pty Ltd

[2025] FWCA 61

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Maca Mining Pty Ltd

(AG2024/4947)

MACA MINING (GRUYERE PROJECT) ENTERPRISE AGREEMENT 2024

Mining industry
DEPUTY PRESIDENT O’KEEFFE	PERTH, 8 JANUARY 2025

Application for approval of the MACA Mining (Gruyere Project) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the MACA Mining (Gruyere Project) Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Maca Mining 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. The notification time for the Agreement under s.173(2) was 12 September 2024 and the Agreement was made on 28 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.
The Applicant has provided written undertakings (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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2025. The nominal expiry date of the Agreement is 15 January 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Maca Mining Pty Ltd sought approval for a proposed enterprise agreement for the Gruyere Project. The matter was heard by the Fair Work Commission. The company aimed to implement the MACA Mining (Gruyere Project) Enterprise Agreement 2024, which outlined new terms and conditions of employment for its workforce. The Australian Council of Trade Unions (ACTU) contested the application, arguing that certain provisions in the agreement did not meet the legal standards for enterprise agreements.

The primary legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it met the ‘better off overall test’. The Commission had to examine the provisions concerning wages, conditions of employment, and any potential detriments to the employees. It was also necessary to determine if the agreement facilitated genuine bargaining between the parties.

In its decision, the Fair Work Commission found that while the proposed agreement contained several provisions that were compliant, certain clauses did not meet the statutory requirements. The Commission highlighted issues with the provisions regarding penalty rates and the overall fairness of the agreement to the employees. Despite these concerns, the Commission concluded that the agreement was in the best interests of the majority of the workforce and approved the enterprise agreement on the condition that specific amendments were made to address the identified deficiencies. The final orders required Maca Mining to implement the agreement with the stipulated changes and to provide updated documentation reflecting the approved terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established