MACA Mining Pty Ltd
[2024] FWCA 3576
•11 OCTOBER 2024
| [2024] FWCA 3576 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
MACA Mining Pty Ltd
(AG2024/3566)
MACA MINING (CAPE PRESTON PROJECT) ENTERPRISE AGREEMENT 2024
| Mining industry | |
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 11 OCTOBER 2024 |
Application for approval of the MACA Mining (Cape Preston Project) Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the the MACA Mining (Cape Preston 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 15 March 2024 and the Agreement was made on 27 August 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.
Clause 5 of the Agreement states that the model flexibility term in the Act will apply and is incorporated by reference into this agreement. However, s.202 of the Act requires that an agreement must include a flexibility term. As such, the model flexibility term has been inserted into the Agreement.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2024. The nominal expiry date of the Agreement is 18 October 2028.
DEPUTY PRESIDENT
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