MACA Mining Pty Ltd T/A MACA

[2024] FWCA 4305

[2024] FWCA 4305

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

MACA Mining Pty Ltd T/A MACA

(AG2024/4208)

MACA MINING (GOLDFIELDS-ESPERANCE PROJECTS) ENTERPRISE AGREEMENT 2023

Mining industry
COMMISSIONER SCHNEIDER	PERTH, 4 DECEMBER 2024

Application for variation of the MACA Mining (Duketon Gold Project) Enterprise Agreement 2023 - approved variation of the MACA Mining (Goldfields-Esperance Projects) Enterprise Agreement 2023.

1. An application has been made for the approval of a variation to the MACA Mining (Duketon Gold Project) Enterprise Agreement 2023 (the Agreement).

1. The application was made by MACA Mining Pty Ltd T/A MACA (the Applicant) pursuant to section 210 of the Fair Work Act 2009 (Cth) (the Act).

1. The application seeks to vary the title of the Agreement from MACA Mining (Duketon Gold Project) Enterprise Agreement 2023 to MACA Mining (Goldfields-Esperance Projects) Enterprise Agreement 2023. Further, the application seeks to vary the parties bound under it by including reference to the broader location it seeks to cover.

1. In addition to the variations proposed, the rate of pay in Schedule 2 of the Agreement has been increased and a delegates’ rights clause has been inserted.

1. The application was supported by a Form F23AB Declaration from Ms Megan Brown (Ms Brown), Senior HR Business Partner for the Applicant.

1. Ms Brown details the steps taken to consult with the employees covered by the Agreement about the proposed variation. Employees were provided with documents regarding the proposed variation and had opportunity to ask any questions. The Applicant notified employees of the time and method of the vote regarding the proposed variation. Ms Brown notes that although only just over half (78) of the employees covered by the Agreement (147) cast a vote, the large majority (68) of those who voted did so in support of the variation.

1. The purpose of the variation is to vary the scope of the Agreement, being the geographical area to which it applies. The purpose of seeking the variation is to allow more work opportunities within the region it applies to.

1. The Applicant had provided a written undertaking prior to the original approval of the Agreement, which was accepted by the Commission. I confirm that undertaking remains a part of the Agreement and is attached to it. Subject to the undertaking referred to, and on the basis of the material included in the application, I am satisfied that each of the requirements of sections 210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

1. The variation is approved and the consolidated version of the Agreement, as varied, is attached this decision. In accordance with section 216 of the Act, the variation operates from 4 December 2024.

COMMISSIONER

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