Macmahon Contractors Pty Ltd

[2019] FWCA 1137

[2019] FWCA 1137

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macmahon Contractors Pty Ltd
(AG2018/5171)

MACMAHON PILBARA SURFACE MINING AGREEMENT 2018

Mining industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 21 FEBRUARY 2019

Application for approval of the Macmahon Pilbara Surface Mining Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Macmahon Pilbara Surface Mining Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Macmahon Contractors Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[4] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[5] The Agreement was approved on 21 February 2019 and, in accordance with s 54, will operate from 28 February 2019. The nominal expiry date of the Agreement is 20 February 2023.

DEPUTY PRESIDENT

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Annexure A