Maca Mining Pty Ltd
[2025] FWCA 61
•8 JANUARY 2025
| [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
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Annexure A:
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