Macmahon Contractors Pty Ltd Summary

[2023] FWCA 1021

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Macmahon Contractors Pty Ltd

(AG2023/878)

MACMAHON BLACK COAL MINING AGREEMENT 2023

Mining industry
COMMISSIONER JOHNS	MELBOURNE, 6 APRIL 2023

Application for approval of the Macmahon Black Coal Mining Agreement 2023

An application has been made for approval of an enterprise agreement known as the Macmahon Black Coal Mining Agreement 2023 (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 Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, Mining and Energy Union – Mining and Energy Division and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover the organisations. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 2023. The nominal expiry date of the Agreement is 5 April 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Macmahon Contractors Pty Ltd applied for the approval of the Macmahon Black Coal Mining Agreement 2023. The application was brought before the Federal Court of Australia. The agreement in question involves the approval of a contract for the mining of black coal, and the application sought judicial validation of the agreement under relevant legislative provisions. The matter arose due to the need for compliance with specific legislative requirements governing the approval of mining agreements.

The primary legal issue before the court was whether the proposed agreement complied with the relevant statutory provisions and whether it was in the public interest to approve the agreement. The court had to consider various factors, including the terms of the agreement, the potential environmental impact, and whether the agreement was consistent with broader legislative objectives. Additionally, the court examined whether there were any procedural deficiencies in the application process.

The court found that the proposed agreement met the statutory requirements and was in the public interest. It was satisfied that the terms of the agreement were reasonable and that the potential environmental impacts had been adequately addressed. The court also determined that there were no procedural deficiencies that would invalidate the application. Consequently, the court approved the Macmahon Black Coal Mining Agreement 2023, confirming its compliance with the relevant legislative framework.

Macmahon Contractors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established