Macmahon Contractors Pty Ltd

[2018] FWCA 1838

[2018] FWCA 1838

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macmahon Contractors Pty Ltd
(AG2017/4173)

MACMAHON BYERWEN AGREEMENT 2017

Mining industry
COMMISSIONER WILLIAMS	PERTH, 28 MARCH 2018

Application for approval of the Macmahon Byerwen Agreement 2017.

[1] This application has been made for approval of an enterprise agreement known as the Macmahon Byerwen Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Macmahon Contractors Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] In response to concerns I had that the Agreement does not meet the s.186 and s.187 requirements the Applicant has provided written undertakings that meet those concerns. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement and I have sought the view of the bargaining representatives.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2018. The nominal expiry date of the Agreement is 28 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A

The personal details of the employee representatives have been redacted by the Commission.