Macmahon Mining Services Pty Ltd

[2014] FWCA 3042

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macmahon Mining Services Pty Ltd
(AG2014/1038)

MACMAHON MINING SERVICES NATIONAL RAISE DRILLING AGREEMENT 2014

Mining industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 9 MAY 2014

Application for approval of the Macmahon Mining Services National Raise Drilling Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Macmahon Mining Services National Raise Drilling Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

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

[3] The Agreement is approved and will operate from 18 May 2014. The nominal expiry date of the Agreement is 4 years from approval.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Macmahon Mining Services Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Macmahon Mining Services National Raise Drilling Agreement 2014. The application was made by the employer, Macmahon Mining Services, and the union involved was the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the terms and conditions of employment for raise drillers within the mining industry, with the CFMEU seeking to negotiate and establish a new national agreement that would cover a range of employment issues, including wages, hours of work, and other conditions of employment.

The legal issues before the Commission were primarily concerned with whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was "better off overall" for the employees it covered, as required by section 235 of the Act. This involved assessing the overall impact of the proposed agreement on the employees' wages, conditions, and other benefits, as well as considering the views of the employees and any other relevant factors.

In its decision, the Commission found that the proposed agreement did meet the "better off overall" test and was therefore approved. The Commission noted that the agreement provided for a range of improvements to the employees' wages, conditions, and other benefits, and that these improvements were considered to be significant by the employees and their representatives. The Commission also took into account the views of the employer and any other relevant factors, and concluded that the overall effect of the agreement was to provide a better outcome for the employees than would have been the case if the agreement had not been approved. The Commission therefore approved the proposed agreement, which will now apply to raise drillers employed by Macmahon Mining Services across Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established