MACA Mining Pty Ltd Summary

[2023] FWCA 3042

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MACA Mining Pty Ltd

(AG2023/2871)

MACA MINING (RAVENSTHORPE PROJECT) ENTERPRISE AGREEMENT 2023

Mining industry
DEPUTY PRESIDENT EASTON	SYDNEY, 19 SEPTEMBER 2023

Application for approval of the MACA Mining (Ravensthorpe Project) Enterprise Agreement 2023

MACA Mining Pty Ltd (the Employer) has made an application for the approval of the MACA Mining (Ravensthorpe Project) Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2023. The nominal expiry date of the Agreement is 19 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by MACA Mining Pty Ltd to have the MACA Mining (Ravensthorpe Project) Enterprise Agreement 2023 approved. The application was brought before the Fair Work Commission, which is responsible for making decisions about enterprise agreements under the Fair Work Act 2009. The dispute centred on the terms and conditions of the proposed enterprise agreement and whether it met the legal requirements for approval.

The primary legal issue the court had to address was whether the proposed agreement complied with the provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for good faith bargaining, which requires that the agreement was genuinely negotiated and not the result of coercion or undue influence. The court also needed to assess whether the agreement provided for fair and reasonable terms and conditions of employment.

The court examined the evidence provided by both MACA Mining and the union representing the employees. It considered the process by which the agreement was negotiated, the content of the agreement, and whether it provided for fair and reasonable terms and conditions. The court found that the agreement was genuinely negotiated and met all the criteria for good faith bargaining. The terms and conditions of the agreement were also deemed to be fair and reasonable, taking into account the specific circumstances of the industry and the workforce involved. Consequently, the court approved the MACA Mining (Ravensthorpe Project) Enterprise Agreement 2023.

The final orders of the court included the approval of the enterprise agreement, which was to be registered with the Fair Work Commission. The agreement would then be binding on all employees covered by the agreement, and MACA Mining would be required to comply with its terms. The union representing the employees also had the right to bring any disputes arising from the agreement to the Fair Work Commission for resolution.

MACA Mining Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established