Mastermyne Pty Ltd T/A Mastermyne

[2023] FWCA 767

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mastermyne Pty Ltd T/A Mastermyne

(AG2023/470)

Mastermyne Pty Ltd (Anglo American Steelmaking Coal Sites) Drivage - Enterprise Agreement 2023

Coal industry
COMMISSIONER SIMPSON	BRISBANE, 10 MARCH 2023

Application for approval of the Mastermyne Pty Ltd (Anglo American Steelmaking Coal Sites) Drivage - Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Mastermyne Pty Ltd (Anglo American Steelmaking Coal Sites) Drivage - Enterprise Agreement 2023 (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 T/A Mastermyne (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 1.2.2(c) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMMEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mastermyne Pty Ltd, trading as Mastermyne, applied for the approval of a new enterprise agreement under the Fair Work Act 2009. The agreement in question was the Mastermyne Pty Ltd (Anglo American Steelmaking Coal Sites) Drivage – Enterprise Agreement 2023. The application was made to the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act, particularly regarding the process followed in its creation and the protections it afforded to employees.

The primary legal issues the Commission had to address were whether the agreement had been made in accordance with the mandatory requirements of the Fair Work Act and whether it provided adequate protections for the employees. Specifically, the Commission needed to determine if the agreement had been made fairly and in good faith, and if it met the criteria for approval under the Act. This included examining whether the agreement had been negotiated in a manner that was free from coercion, undue influence, and whether it contained provisions that were unfair or unjust.

The Commission examined the evidence presented by both Mastermyne and the employees' representatives. It considered the process by which the agreement was negotiated and whether there was compliance with the procedural fairness requirements. The Commission also evaluated the contents of the agreement to ensure it did not contravene the Act's provisions on minimum entitlements, such as minimum wages and conditions, leave entitlements, and other protections. After reviewing the evidence and arguments, the Commission found that the agreement had been made fairly and in good faith and that it provided adequate protections for the employees. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Mastermyne Pty Ltd (Anglo American Steelmaking Coal Sites) Drivage – Enterprise Agreement 2023, finding that it met the statutory requirements and provided fair and just protections for the employees involved. The approval was effective from the date specified in the agreement, and the terms of the agreement became binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established