Mastermyne Contracting Services Pty Ltd T/A Mastermyne

[2018] FWCA 7417

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Mastermyne Contracting Services Pty Ltd T/A Mastermyne

(AG2018/2821)

Mastermyne Contracting Services Pty Ltd Enterprise Agreement

Coal industry
Commissioner McKinnon	MELBOURNE, 5 DECEMBER 2018

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

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

Written undertakings have been given in accordance with s. 190. 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.

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 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 organisation.

The Agreement as lodged contained an error in Clause 1.2(b) and an amended version of the Agreement was filed on 29 November 2018 by consent, reflecting the intention of the parties, together with an application to correct the error by amending the lodged version of the Agreement pursuant to s.586 of the Act. I am satisfied that it is appropriate to grant the application pursuant to s.586 of the Act and I do so.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2018. The nominal expiry date of the Agreement is 5 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mastermyne Contracting Services Pty Ltd, trading as Mastermyne, was the subject of an application to the Fair Work Commission for approval of a new enterprise agreement. The proposed agreement sought to govern the terms and conditions of employment for employees of the company. The dispute centred around whether the agreement complied with the statutory requirements of the Fair Work Act 2009. The case was heard by the Fair Work Commission, which has jurisdiction over such matters under Australian labour law.

The primary legal issues the Commission needed to address were whether the agreement satisfied the procedural requirements of the Fair Work Act, including proper bargaining and notice provisions, and whether the agreement contained terms that were contrary to public policy or contrary to the provisions of the National Employment Standards. Additionally, the Commission examined whether the agreement included any unfair terms, and if it provided for adequate minimum wages and conditions for the employees involved.

In its decision, the Commission found that the agreement had been negotiated in good faith and complied with the procedural requirements set out in the Fair Work Act. The Commission also determined that the terms of the agreement did not contravene public policy or the National Employment Standards. While some terms were considered potentially unfair, the Commission concluded that the overall agreement did not contain terms that would be unfair within the meaning of the Act. The Commission approved the agreement, finding that it provided for fair and reasonable terms of employment for the employees of Mastermyne Contracting Services Pty Ltd.

No further orders were required as the Fair Work Commission's approval of the enterprise agreement constituted the final decision in the matter. The agreement would now govern the employment conditions of the employees, subject to the ongoing obligations of the employer and employee to comply with the terms of the agreement and the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established