Mastermyne Contracting Services Pty Ltd T/A Mastermyne

[2022] FWC 3051

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mastermyne Contracting Services Pty Ltd T/A Mastermyne

(AG2022/4491)

Mastermyne Contracting Services Pty Ltd Enterprise Agreement 2022

Coal industry
COMMISSIONER SPENCER	BRISBANE, 17 NOVEMBER 2022

Application for approval of the Mastermyne Contracting Services Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Mastermyne Contracting Services Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mastermyne Contracting Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, 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.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2022. The nominal expiry date of the Agreement is 17 November 2026.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Mastermyne Contracting Services Pty Ltd trading as Mastermyne, sought approval of its Enterprise Agreement 2022 from the Fair Work Commission. The nature of the dispute involved the negotiation and content of the agreement between the applicant and its employees, with specific concerns raised regarding certain provisions.

The legal issues before the Commission centred on whether the agreement was appropriately negotiated and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission needed to determine if the agreement was in the best interests of the employees and if it met the standards for good faith bargaining and fair terms and conditions of employment.

The Fair Work Commission assessed the evidence and submissions provided by both parties. It found that the agreement had been negotiated in good faith and that the terms and conditions were fair. The Commission was satisfied that the applicant had met its obligations under the Fair Work Act and that the agreement was in the best interests of the employees. Consequently, the Commission approved the Enterprise Agreement 2022, subject to the conditions set out in the order. The applicant was directed to take all necessary steps to give effect to the approved agreement, including providing copies to the Commission and ensuring that it was accessible to the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established