Mastermyne Pty Ltd; Mastermyne Underground Pty Ltd

[2019] FWCA 6294

[2019] FWCA 6294

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mastermyne Pty Ltd; Mastermyne Underground Pty Ltd
(AG2019/2961)

MASTERMYNE (ILLAWARRA) DEPUTIES ENTERPRISE AGREEMENT 2019

Coal industry
COMMISSIONER LEE	SYDNEY, 10 SEPTEMBER 2019

Application for approval of the Mastermyne (Illawarra) Deputies Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mastermyne (Illawarra) Deputies Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mastermyne Pty Ltd; Mastermyne Underground Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] The Construction, Forestry, Maritime, Mining and Energy Union and The Association of Professional Engineers, Scientists and Managers, Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 22.2 Personal/carer’s leave

•  Clause 22.6 Personal/carer’s leave

•  Clause 24.2 Other Leave

•  Clause 24.4 Other Leave

•  Clause 24.5 Other Leave

However, noting clause 4.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2019. The nominal expiry date of the Agreement is 9 September 2023.

COMMISSIONER

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Annexure A