DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mandalay Resources Costerfield Operations Pty Ltd
(AG2021/5191)

MANDALAY RESOURCES COSTERFIELD OPERATIONS ENTERPRISEAGREEMENT 2020

Mining industry
COMMISSIONER YILMAZ	MELBOURNE, 9 JUNE 2021

Application for approval of the Mandalay Resources Costerfield Operations Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Mandalay Resources Costerfield Operations Enterprise 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 Mandalay Resources Costerfield Operations Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] I observe that clause 3.5 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and in accordance with s.54, will operate from 16 June 2021. The nominal expiry date of the Agreement is 8 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Mandalay Resources Costerfield Operations Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union, representing the employees. The dispute was centred on the application for approval of the Enterprise Agreement 2020 between the parties. The case was heard in the Fair Work Commission, an Australian labour law tribunal.

The legal issues that the Commission needed to determine were whether the agreement was made in good faith, if it complied with the relevant provisions of the Fair Work Act 2009, and if it met the "better off overall test". This test requires that employees are no worse off financially and have at least one additional benefit compared to their previous conditions.

The Fair Work Commission, after hearing submissions from both parties, found that the agreement was made in good faith and complied with the Act. The Commission also found that the agreement met the better off overall test, as the employees would receive additional benefits, such as improved wages and conditions, without being worse off financially. As a result, the Commission approved the Enterprise Agreement 2020.

Consequently, the Fair Work Commission approved the Enterprise Agreement 2020 between Mandalay Resources Costerfield Operations Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. This decision allows the agreement to be implemented, providing the employees with improved wages and conditions, while ensuring that the employer can continue its operations effectively.

Mandalay Resources Costerfield Operations 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