MACA Mining Pty Ltd
[2023] FWCA 3040
•19 SEPTEMBER 2023
| [2023] FWCA 3040 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
MACA Mining Pty Ltd
(AG2023/2868)
MACA MINING (MT CATTLIN PROJECT) ENTERPRISE AGREEMENT 2023
| Mining industry | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 19 SEPTEMBER 2023 |
Application for approval of the MACA Mining (Mt Cattlin Project) Enterprise Agreement 2023
MACA Mining Pty Ltd (the Employer) has made an application for the approval of the MACA Mining (Mt Cattlin 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
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Annexure A
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