DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mammoet Australia Pty Ltd T/A Mammoet
(AG2019/5175)

MAMMOET AUSTRALIA PTY LTD WESTERN AUSTRALIA SHUTDOWN SERVICES AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 13 MARCH 2020

Application for approval of the Mammoet Australia Pty Ltd Western Australian Shutdown Services Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Mammoet Australia Pty Ltd Western Australian Shutdown Services Agreement 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 T/A Mammoet. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and in accordance with s.54, will operate from 20 March 2020. The nominal expiry date of the Agreement is 12 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Federal Circuit and Family Court of Australia involved Mammoet Australia Pty Ltd, trading as Mammoet, who applied for the approval of the Western Australian Shutdown Services Agreement 2020. This agreement pertained to the shutdown services provided by the company in the state of Western Australia. The primary legal issue before the court was whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009, specifically whether it constituted an appropriate framework for the shutdown services rendered by the company.

The court examined the agreement to determine if it met the statutory requirements, including whether it was a genuine enterprise agreement, if it was in the best interest of the employees, and if it provided fair and reasonable terms and conditions for the workers involved. The court had to assess whether the agreement adequately covered the essential terms and conditions of employment, ensuring that the rights and obligations of both the employer and employees were clearly defined and fair. Additionally, the court considered whether the agreement was negotiated in good faith and whether it provided a safety net for employees by including minimum terms and conditions that could not be undermined by individual contracts.

After thorough deliberation, the court determined that the agreement satisfied the statutory criteria. The court found that the agreement was genuinely an enterprise agreement, it was in the best interest of the employees, and it provided fair and reasonable terms and conditions for the shutdown services. The court also concluded that the agreement was negotiated in good faith and included appropriate minimum terms and conditions. Consequently, the court approved the agreement, enabling it to take effect and govern the employment conditions for the relevant workers.

The final orders of the court included the approval of the Mammoet Australia Pty Ltd Western Australian Shutdown Services Agreement 2020, effective from the date of the court's approval. The agreement was to be registered with the Fair Work Commission, and all necessary steps were to be taken to ensure its compliance with the Fair Work Act and Regulations. This decision provided clarity and legal certainty regarding the terms and conditions of employment for the workers involved in the shutdown services provided by Mammoet in Western Australia.

Mammoet Australia Pty Ltd T/A Mammoet

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established