Macmahon Mining Services Pty Ltd

[2025] FWCA 71

[2025] FWCA 71

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Macmahon Mining Services Pty Ltd

(AG2024/4894)

MACMAHON MINING SERVICES WORKSHOP AGREEMENT 2024

Mining industry
COMMISSIONER HUNT	BRISBANE, 9 JANUARY 2025

Application for approval of the Macmahon Mining Services Workshop Agreement 2024

1. Macmahon Mining Services Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Macmahon Mining Services Workshop Agreement 2024 (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. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 16 May 2024 and the Agreement was made on 8 December 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

1. 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. The Agreement’s workplace delegates’ rights term is less favourable than that prescribed by the Manufacturing and Associated Industries Occupations Award 2020 (the Award). Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Award is attached to the Agreement and taken to be a term of it.

1. I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2025. The nominal expiry date of the Agreement is 9 January 2029.

COMMISSIONER

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Annexure A – Undertakings