Macmahon Contractors Pty Ltd

[2021] FWCA 7137

[2021] FWCA 7137

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macmahon Contractors Pty Ltd
(AG2021/8593)

MACMAHON SURFACE MINING AGREEMENT 2021

Mining industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 DECEMBER 2021

Application for approval of the Macmahon Surface Mining Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Macmahon Surface Mining Agreement 2021 (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.

[2] 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2021. The nominal expiry date of the Agreement is 14 December 2025.

DEPUTY PRESIDENT

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