MACA Mining Pty Ltd

[2023] FWCA 3039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MACA Mining Pty Ltd

(AG2023/2863)

MACA MINING (KARLAWINDA PROJECT) ENTERPRISE AGREEMENT 2023

Mining industry
DEPUTY PRESIDENT EASTON	SYDNEY, 19 SEPTEMBER 2023

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

MACA Mining Pty Ltd (the Employer) has made an application for the approval of the MACA Mining (Karlawinda 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

MACA Mining Pty Ltd recently appeared before the Fair Work Commission to seek approval for the MACA Mining (Karlawinda Project) Enterprise Agreement 2023. The dispute involved the proposed terms and conditions of employment for employees under the enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement was in the best interests of the employees and whether it complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement provided for appropriate terms and conditions of employment, including minimum wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission also had to assess whether the agreement met the standards of procedural fairness and whether it was free from any invalid provisions. Further, the Commission needed to ensure that the agreement was not contrary to the public interest.

In its decision, the Fair Work Commission found that the MACA Mining (Karlawinda Project) Enterprise Agreement 2023 was in the best interests of the employees. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment and complied with the Fair Work Act. The Commission determined that the agreement met the standards of procedural fairness and was free from any invalid provisions. The Commission also found that the agreement was not contrary to the public interest. Consequently, the Commission approved the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established