MACA Mining Pty Ltd T/A MACA Summary

[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.

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

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).

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.

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.

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

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.

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.

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.

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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CaseChat Overview and Summary

The case involves MACA Mining Pty Ltd trading as MACA, which applied for a variation of the MACA Mining (Duketon Gold Project) Enterprise Agreement 2023. The application was made to the Fair Work Commission, which oversees employment agreements in Australia. The dispute centred on whether the proposed changes to the enterprise agreement were justified and whether they complied with the requirements of the Fair Work Act 2009.

The central legal issues addressed by the court were whether the proposed changes were in the interest of the employees, whether they met the statutory criteria for approval, and whether the process followed was fair and just. Specifically, the court had to consider whether the changes were necessary to facilitate genuine agreement, to address economic hardship, or to enable the enterprise to adapt to significant economic change. The court also needed to ensure that the process of approving the variation was procedurally fair.

The Fair Work Commission found that the proposed changes to the enterprise agreement were justified and met the statutory criteria for approval. The Commission determined that the changes were necessary to enable the enterprise to adapt to significant economic change, specifically the downturn in the gold market. The Commission also found that the process of approving the variation was procedurally fair, as all relevant parties had been given an opportunity to provide input and the changes were not unduly prejudicial to the employees. The Commission approved the variation of the enterprise agreement, allowing MACA Mining to implement the changes as proposed.

The Fair Work Commission's decision to approve the variation of the enterprise agreement was based on its finding that the changes were necessary to allow the enterprise to adapt to significant economic change and that the process of approving the variation was procedurally fair. The Commission's decision was made in accordance with the Fair Work Act 2009, which sets out the legal framework for enterprise agreements in Australia.

MACA Mining Pty Ltd T/A MACA

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established