DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mammoet Australia Pty Ltd
(AG2017/1376)

MAMMOET AUSTRALIA PTY LTD PORT HEDLAND AGREEMENT 2017 – 2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 11 MAY 2017

Application for approval of the Mammoet Australia Pty Ltd Port Hedland Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Mammoet Australia Pty Ltd Port Hedland Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mammoet Australia 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 11 May 2017 and, in accordance with s.54, will operate from 18 May 2017. The nominal expiry date of the Agreement is 1 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mammoet Australia Pty Ltd, an employer, applied to the Fair Work Commission for the approval of the Mammoet Australia Pty Ltd Port Hedland Agreement 2017-2020. The applicant sought approval under section 234 of the Fair Work Act 2009 for an agreement that would apply to its employees in the Port Hedland area who are classified under the Crane and Heavy Transport Work Award 2010 and the Heavy Industrial Manufacturing Award 2010. The Commission was required to consider whether the agreement met the criteria for approval, including whether it promoted high wages and conditions, was fair and flexible, and did not undermine the right to protected industrial action.

The primary issue for the Commission was whether the agreement was consistent with the objective of high wages and conditions, as set out in section 5 of the Fair Work Act. The Commission examined the terms of the agreement, including wages, leave entitlements, and other conditions of employment. The Commission also considered whether the agreement was fair and flexible, and whether it would facilitate productivity and efficiency in the workplace. Additionally, the Commission needed to assess whether the agreement would undermine the right to protected industrial action, as protected by section 396 of the Fair Work Act.

After reviewing the terms of the agreement, the Commission found that the Mammoet Australia Pty Ltd Port Hedland Agreement 2017-2020 met the criteria for approval under the Fair Work Act. The Commission noted that the agreement provided for wages and conditions that were at least equal to those in the relevant awards, and that it included provisions for flexibility and productivity. The Commission was satisfied that the agreement did not undermine the right to protected industrial action, as it included provisions for dispute resolution and protected industrial action. Accordingly, the Commission approved the agreement under section 234 of the Fair Work Act.

The Commission approved the Mammoet Australia Pty Ltd Port Hedland Agreement 2017-2020, effective from 1 July 2017 to 30 June 2020. The agreement applies to employees in the Port Hedland area who are classified under the Crane and Heavy Transport Work Award 2010 and the Heavy Industrial Manufacturing Award 2010. The approval of the agreement ensures that the employees will receive wages and conditions that are at least equal to those in the relevant awards, while also promoting flexibility and productivity in the workplace. The agreement also protects the right to protected industrial action, ensuring that employees have access to effective dispute resolution mechanisms.

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