MACA Mining Pty Ltd

[2024] FWCA 1713

[2024] FWCA 1713

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

MACA Mining Pty Ltd

(AG2024/1108)

MACA MINING (EAST PILBARA PROJECTS) ENTERPRISE AGREEMENT 2023

Mining industry
COMMISSIONER YILMAZ	MELBOURNE, 23 MAY 2024

Application for variation of the MACA Mining (East Pilbara Projects) Enterprise Agreement 2023

1. An application has been made for approval of a variation to the MACA Mining (Sanjiv Ridge Project) Enterprise Agreement 2023 (the Agreement). The application was made by MACA Mining Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

1. The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

1. I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

1. The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 19 September 2023. Those undertakings form part of the Agreement as varied.

1. At the time the Agreement was approved the model flexibility term was incorporated and pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. I observe that clauses 12.5 and 15.8 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title MACA Mining (Sanjiv Ridge Project) Enterprise Agreement 2023 with the following:

MACA Mining (East Pilbara Projects) Enterprise Agreement 2023

1. In addition, the variation amends clause 2 to make it clear that the Agreement covers employees located within the Shire of East Pilbara.

1. The effect of the variation is to increase coverage of the Agreement to cover MACA projects in the Shire of East Pilbara and enable the movement of employees across sites under the same agreement. It is proposed that with the variation more work opportunities will be available as projects come online. There are no changes to the terms and conditions of the Agreement that apply to employees of Sanjiv Ridge, however with the variation the Agreement will apply to employees performing work at the Miralga Creek and McPhee Creek projects in classifications covered by this Agreement upon commencement.

1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

1. In accordance with s.216 of the Act, the variation operates from 23 May 2024.

COMMISSIONER

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