Mastermyne Pty Ltd Summary

[2014] FWCA 6319

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mastermyne Pty Ltd
(AG2014/1519)

MASTERMYNE PTY LTD (ANGLO AMERICAN METALLURGICAL COAL SITES) DRIVAGE - WORKPLACE AGREEMENT 2014

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 11 SEPTEMBER 2014

Application for approval of the Mastermyne Pty Ltd (Anglo American Metallurgical Coal Sites) Drivage - Workplace Agreement 2014.

[1] Mastermyne Pty Ltd applies for approval of an enterprise agreement known as the Mastermyne Pty Ltd (Anglo American Metallurgical Coal Sites) Drivage - Workplace Agreement 2014 (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 that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement contains a typographical error. Pursuant to s.586 of the Act, the Agreement is corrected by changing the references in clause 23 as follows:

● Delete the word “legalisation” in clause 5.3 and insert the word “legislation”.

[6] The Agreement is approved and, in accordance with s.54, will operate from 18 September 2014. The nominal expiry date of the Agreement is 11 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Mastermyne Pty Ltd, seeking approval of the Mastermyne Pty Ltd (Anglo American Metallurgical Coal Sites) Drivage - Workplace Agreement 2014. The dispute involved the terms and conditions of employment for drivation workers at Anglo American Metallurgical Coal Sites. The Commission was tasked with determining whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement provided for minimum terms and conditions as required by section 235 of the Fair Work Act, and whether it complied with the good faith bargaining requirements outlined in section 230. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it promoted harmonious, productive, and cooperative workplace relations.

The Fair Work Commission found that the proposed agreement did provide for the minimum terms and conditions as required by the Act. The Commission noted that the agreement included provisions for wages, hours of work, and other employment-related matters. The Commission was also satisfied that the agreement was the product of good faith bargaining and that it was in the best interests of the employees. The Commission concluded that the agreement promoted harmonious, productive, and cooperative workplace relations. Accordingly, the Fair Work Commission approved the Mastermyne Pty Ltd (Anglo American Metallurgical Coal Sites) Drivage - Workplace Agreement 2014.

The Fair Work Commission ordered that the Mastermyne Pty Ltd (Anglo American Metallurgical Coal Sites) Drivage - Workplace Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered on the Register of Approved Agreements and would be in effect from the date of registration until 31 December 2019 or until it was terminated in accordance with the Act. The Commission also ordered that the agreement be published on the Fair Work Commission's website and that a copy be provided to the parties involved in the dispute.

Mastermyne Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established