DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mastermyne Crinum Operations Pty Ltd
(AG2021/4776)

MASTERMYNE CRINUM ENTERPRISE AGREEMENT 2021

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 7 MAY 2021

Application for approval of the Mastermyne Crinum Enterprise Agreement 2021.

[1] Mastermyne Crinum Operations Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Mastermyne Crinum Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] I am satisfied, on the basis of information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[3] 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 to be covered by the Agreement. In accordance with s.201(2) of the Act, and based on the declaration provided by the organisation, I note that the Agreement covers this organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 14 May 2021. The nominal expiry date of the Agreement is 7 May 2025.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter involved an application by Mastermyne Crinum Operations Pty Ltd for the approval of the Mastermyne Crinum Enterprise Agreement 2021. The application was heard by the Fair Work Commission. The primary dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, specifically in terms of procedural fairness and the protections it provided to employees.

The legal issues before the court included whether the agreement had been genuinely negotiated between the employer and the employees, if it provided adequate protections and entitlements, and if the process leading up to the agreement was conducted fairly and in good faith. The court had to consider submissions from both the employer and a representative of the employees, as well as relevant legislative provisions and precedents.

In its decision, the Fair Work Commission found that the agreement was genuinely negotiated and provided appropriate protections for the employees. The court concluded that the process leading up to the agreement was conducted fairly and in good faith, and that all statutory requirements had been met. The Commission approved the Mastermyne Crinum Enterprise Agreement 2021, confirming its validity and enforceability under the Act. The employer's application was thus granted.

Mastermyne Crinum 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