MACA Mining Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, MACA Mining Pty Ltd applied for approval of the MACA Mining (Mt Cattlin Project) Enterprise Agreement 2023. The application followed a period of negotiations between the company and the Australian Manufacturing Workers' Union, representing the employees. The agreement sought to regulate terms and conditions of employment for the employees working on the Mt Cattlin Project. The dispute centred on whether the proposed agreement met the requirements under the Fair Work Act 2009, particularly in relation to the provisions for pay rates, penalty rates, and other employment conditions.

The key legal issues for the Commission were whether the agreement was a "bare bones" agreement that provided only the minimum terms and conditions, and if it was made in good faith and without coercion. The Commission had to consider whether the agreement appropriately balanced the interests of both the employer and employees, particularly in light of the specific circumstances of the Mt Cattlin Project. Additionally, the Commission needed to ensure that the agreement complied with the statutory requirements for minimum entitlements, including minimum wages and reasonable working hours.

The Commission examined the content of the agreement, the bargaining process, and the context of the negotiations. It found that the agreement went beyond the minimum terms by including provisions for redundancy, leave entitlements, and other benefits. The Commission concluded that the agreement was made in good faith and did not result from any form of coercion. It determined that the agreement provided a fair and reasonable balance of the interests of both parties and complied with the statutory requirements. Consequently, the Commission approved the MACA Mining (Mt Cattlin Project) Enterprise Agreement 2023.

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