DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macmahon Mining Services Pty Ltd
(AG2016/7583)

MACMAHON GROUP SOUTH AUSTRALIA AGREEMENT 2016

Mining industry
COMMISSIONER ROE	MELBOURNE, 2 FEBRUARY 2017

Application for approval of the Macmahon Group South Australia Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Macmahon Group South Australia Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Macmahon Mining Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on and, in accordance with s.54, will operate from 9 February 2017. The nominal expiry date of the Agreement is 2 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Macmahon Mining Services Pty Ltd, who sought approval for the Macmahon Group South Australia Agreement 2016. The dispute was brought before the Fair Work Commission, Australia's workplace relations tribunal. The application for approval was in response to an agreement that had been reached between the company and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union.

The primary legal issue before the Commission was whether the agreement provided for terms and conditions of employment that were fair and better off overall than the applicable awards. The Commission needed to ensure that the agreement met the criteria set out in the Fair Work Act 2009, which requires that the agreement does not harm the employees' overall employment conditions and must be better than what is provided by the relevant industrial instrument.

The Fair Work Commission found that the Macmahon Group South Australia Agreement 2016 met the necessary criteria. The Commission considered the agreement to be fair and better off overall for the employees, as it provided for improved terms and conditions compared to the existing awards, and it did not negatively impact the employees' overall employment conditions. The Commission was satisfied that the agreement was in the best interests of the employees and approved the application.

The Fair Work Commission's decision to approve the Macmahon Group South Australia Agreement 2016 provides clarity and certainty for both the company and its employees, ensuring that the agreement met the legal requirements set out in the Fair Work Act 2009. The Commission's decision reinforces the importance of agreements that provide for fair and better terms and conditions of employment for workers.

Macmahon Mining Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established