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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Mastermyne Pty Ltd and Mastermyne Underground Pty Ltd applied for approval of the Mastermyne (Illawarra) Deputies Enterprise Agreement 2019. The applicant companies sought to have the agreement approved under section 234 of the Fair Work Act 2009, which allows for the registration of new enterprise agreements. The application was made by the companies in their capacity as employers of the workers covered by the proposed agreement.

The legal issues before the Commission were whether the agreement met the requirements for registration under the Fair Work Act, including whether the agreement was in writing, provided for the terms and conditions of employment of the workers, and was a "better off overall test" agreement. The Commission also had to consider whether the agreement had been made in accordance with the procedural requirements of the Act, including whether the appropriate bargaining representatives had been involved in the negotiation process.

The Commission found that the agreement met the requirements for registration under the Act. The agreement was in writing and provided for the terms and conditions of employment of the workers. The Commission also found that the agreement was a "better off overall test" agreement, as it provided for a range of improvements to the workers' conditions, including increased pay rates and improved leave entitlements. The Commission was satisfied that the agreement had been made in accordance with the procedural requirements of the Act, as the appropriate bargaining representatives had been involved in the negotiation process.

Accordingly, the Commission approved the Mastermyne (Illawarra) Deputies Enterprise Agreement 2019 and registered it under section 234 of the Fair Work Act. The agreement is now legally binding on the parties and will apply to the workers covered by the agreement from the effective date of the registration.

Mastermyne Pty Ltd; Mastermyne Underground 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