Macmahon Contractors Pty Ltd T/A Macmahon Contractors Pty Ltd

[2022] FWCA 4085

[2022] FWCA 4085

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Macmahon Contractors Pty Ltd T/A Macmahon Contractors Pty Ltd

(AG2022/4733)

Macmahon Byerwen Agreement 2022

Mining industry
COMMISSIONER HUNT	BRISBANE, 22 NOVEMBER 2022

Application for approval of the Macmahon Byerwen Agreement 2022

1. Macmahon Contractors Pty Ltd T/A Macmahon Contractors Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Macmahon Byerwen Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).  The Agreement is a single-enterprise agreement.

1. I have taken into consideration the material filed in the Fair Work Commission. 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Construction, Forestry, Maritime, Mining and Energy Union – Mining and Energy Division (the CFMMEU) being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants the Agreement to cover it.  In accordance with s.201(2) of the Act I note that the Agreement covers the CFMMEU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2022.  The nominal expiry date of the Agreement is 22 November 2025.

COMMISSIONER

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