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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Macmahon Contractors Pty Ltd, sought approval for the Macmahon Pilbara Surface Mining Agreement 2018 from the Federal Court of Australia. The application was brought under the Mining Act 1978 (Cth) and the Mining (Environmental Planning) Act 1992 (Cth). The primary issue before the court was whether the applicant had adequately fulfilled its obligations under the Mining Act to consult with Traditional Owners before seeking approval for the mining agreement. The secondary issue was whether the environmental impact of the proposed mining activities was sufficiently assessed and mitigated.

The court examined the evidence presented regarding the consultation process, focusing on whether the applicant had engaged with all relevant Traditional Owner groups and considered their views in preparing the mining proposal. The court also evaluated the environmental impact assessment, considering both the potential adverse effects on the environment and the measures proposed to mitigate those effects. The applicant provided extensive documentation and testimony to support its assertion that it had fulfilled its consultation and environmental assessment obligations. The court accepted that the applicant had engaged in good faith and made a reasonable effort to consult with Traditional Owners, despite some procedural shortcomings. Regarding the environmental impact, the court found that the applicant had conducted a thorough assessment and proposed adequate mitigation measures to address potential adverse effects.

The court ultimately approved the Macmahon Pilbara Surface Mining Agreement 2018, concluding that the applicant had met the statutory requirements for consultation and environmental assessment. The court acknowledged the applicant's efforts to engage with Traditional Owners and recognised the adequacy of the environmental impact assessment and proposed mitigation measures. The approval was granted subject to the applicant adhering to the conditions and requirements outlined in the approved agreement.

Macmahon Contractors Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established