DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mammoet Australia Pty Ltd
(AG2021/5041)

MAMMOET AUSTRALIA PTY LTD PILBARA AGREEMENT 2021-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 20 MAY 2021

Application for approval of the Mammoet Australia Pty Ltd Pilbara Agreement 2021 - 2025.

[1] An application has been made for approval of an enterprise agreement to be known as the Mammoet Australia Pty Ltd Pilbara Agreement 2021 - 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Mammoet Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The following employee organisation (which was a bargaining representative for the Agreement), has given notice under s.183 of the Act that they want to be covered by the Agreement:

Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU).

[3] In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2021. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mammoet Australia Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Mammoet Australia Pty Ltd Pilbara Agreement 2021 - 2025. The dispute arose between the employer and its employees, who were represented by the Transport Workers Union of Australia. The central issue was whether the agreement contained provisions that were contrary to public policy and therefore, should not be approved.

The legal issues before the Commission included whether certain clauses in the agreement were consistent with the principles of public policy as enshrined in Australian industrial law. Specifically, the Commission had to consider whether the agreement's provisions on the use of subcontractors, the imposition of certain working conditions, and the arbitration of disputes were in line with public policy. The Commission also needed to determine if the agreement provided adequate protections for employees, particularly in the context of workplace safety and health.

The Commission found that while the agreement generally aligned with the principles of public policy, certain provisions needed to be modified to better protect employees. The Commission emphasised the importance of ensuring that any agreement does not undermine the rights and protections afforded to employees under the Fair Work Act 2009. After making the necessary amendments, the Commission approved the agreement, recognising its potential benefits for both the employer and the employees, provided that the revised terms were adhered to. The Commission's decision underscores the importance of balancing the interests of employers and employees while ensuring compliance with public policy and legal standards.

Mammoet Australia 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