Mastermyne Contracting Services Pty Ltd T/A Mastermyne

[2018] FWCA 7417

[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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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

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Annexure A